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Chapter Ⅰ General Provisions
Article 1
These Regulations are enacted in accordance with Paragraph 2 of Article 35 and Article 37 of the Labor Pension Act (hereinafter "the Act").
Article 2
Business entities shall implement annuity insurance under the Act (hereinafter "the Insurance") in accordance with these Regulations. Matters not provided in these Regulations shall be governed by other laws and regulations.
The insurers, insurance solicitors, insurance agents and insurance brokers shall engage in and perform the Insurance business in accordance with these Regulations. Matters not provided in these Regulations shall be governed by other laws and regulations.
Article 3
The competent authority of these Regulations shall be the Ministry of Labor, Executive Yuan.
The terms "insurance authority" referred to in these Regulations shall mean the competent authority provided in the Insurance Act.
Article 4
The terms "insurance enterprise" referred to in these Regulations shall mean the organization engaging in personal insurance business under Paragraph 3 of Article 13 of the Insurance Act.
The terms "insurance agent," "insurance solicitor," and "insurance broker" referred to in these Regulations shall mean those provided in Article 8, Article 8-1 and Article 9 of the Insurance Act.
Article 5
The principals and returns of the annuity insurance premiums paid by employers for the workers in accordance with Paragraph 1 of Article 36 of the Act shall be used for payment of labor pensions. Before fulfilling the conditions to claim payment, workers shall not apply for payment of the accumulated policy value reserve.
Article 6
The rights under the annuity insurance contract shall not be assigned, attached, offset or provided as security. Neither the applicant nor the insured shall pledge the insurance contract to the insurer for a loan.
Article 7
The procedures and the required documents for purchase of annuity insurance and claim for payment shall be subject to these Regulations and other provisions, if any, of the annuity insurance contract.
The annuity insurance contract shall conspicuously mark the provisions for minimum policy value reserve cumulating period, administrative fees, policy value reserve and calculation method of returns.Insurers shall issue insurance certificates to the workers, which certificates shall expressly state the procedures to lodge and handle complaints in connection with purchase of annuity insurance and insurance payment.
Chapter Ⅱ Implementation and Change of Annuity Insurance
Article 8
The number of hired workers referred to in Paragraph 1 of Article 35 of the Act shall be based on the number of workers covered by labor insurance on the first day of the month of application for implementation of the Insurance, including the total number of workers hired by the branches and subordinate units of the business entity.
Business entities approved for implementation of annuity insurance may continue the implementation when the number of their workers decreases to less than 200.
Article 9
Where the total number of workers hired by a financial holding company and its subsidiaries reaches 200 or more, with the consent of the labor union of all financial holding companies in accordance with subparagraph 1, Paragraph 1 of Article 6 of the Labor Union Act, and in the absence of a labor union, with the consent of meeting between all workers and the employer, may apply for implementation of annuity insurance together.
Article 10
Before inquiring workers about their willingness to participate in annuity insurance, business entities shall deliver the terms and conditions of the annuity insurance policy to the workers and explicitly advise them of the contents of the annuity insurance.
Article 11
When applying for implementation of annuity insurance in accordance with Paragraph 2 of Article 35 of the Act upon agreement between the workers and employer, a business entity shall submit the following documents to the competent authority for approval:
1. Application;
2. Photocopies of employer's identification card, factory registration certificate, company registration certificate and business registration certificate;
3. Letter of consent to participate in the Insurance from the labor union; in the absence of a labor union, minutes of meeting indicating the consent between all workers and the employer;
4. Photocopy of letter of consent signed by workers choosing to participate in annuity insurance;
5. Terms and conditions of annuity insurance policy approved by the competent authority after examination and supporting documents; and
6. Other documents required by the competent authority.
The labor union's letter of consent aforementioned in subparagraph 3 is valid for two (2) years.
Article 12
In any of the following situations, a business entity shall report to the competent authority for recordation:
1. Change of insurer by workers participating in annuity insurance;
2. Reduction or raise of payment rate of annuity insurance premium;
3. Matters sufficing to affect the standards for workers' pension payment; or
4. Other matters required by the competent authority.
In any of the situations referred to in the preceding Paragraph, the business entity shall submit a letter of consent signed by the workers, contents of the original annuity insurance contract and the changed annuity insurance contract.
Article 13
Without the consent of workers, employers shall not change or terminate the annuity insurance contract. In the event that any employer changes or terminates the contract without said consent thus causing damage to the workers, the workers may claim for compensation against the employer.
When a business entity purchases or changes insurance in accordance with Paragraph 1 of Article 16, if the approval documents of the competent authority are not provided, the insurer shall not accept the case. If the insurer fails to comply with such requirement thus causing damage to the workers, the workers may claim for compensation against the insurer.
Article 14
The competent authority shall examine and reply within 60 days from the day following the date on which it accepts the application of the business entity for implementation of annuity insurance , with a copy to the Bureau of Labor Insurance, the Ministry of Labor (hereinafter "the BLI"). This provision shall also apply to the application for change.
In connection with the application for or change of annuity insurance referred to in the preceding Paragraph, if the required documents are incomplete, rectification shall be made within a specified time limit. If no rectification is made within said time limit, the competent authority shall reject the application.
The competent authority referred to in the preceding Paragraph shall examine and reply within 30 days from the day following the date on which rectification is accepted.
In the event that any matter or document reported or submitted by a business entity is verified to be misrepresented or falsely stated, such entity shall not re-apply within 3 months after administrative sanction.
Article 15
Within 15 days from approval for implementation or change of the contents of the annuity insurance, the employers shall publish the terms and conditions of the annuity insurance policy within the business entity and inform the workers.
Article 16
The business entity shall, within 15 days from the date of approval for the implementation of the Insurance, submit the approval document to the insurer for processing purchase of annuity insurance.
After completion of the procedures for purchase of insurance, the annuity insurance shall become effective on the first day of the following month. This provision shall apply in the event of any changes.
Within 15 days after the insurance becomes effective, the employer shall forward terms and conditions of annuity insurance policy and insurance certificate delivered by the insurer to the workers participating in annuity insurance, and submit a list of workers participating in annuity insurance to the BLI.
New worker who chooses to participate in annuity insurance via inquiry in writing, the payable annuity insurance premium shall be calculated from the date on which he/she reports to work. The employer shall notify the insurer within 7 days from the date on which the worker reports to work, and it shall deliver the terms and conditions of annuity insurance policy and the in the insurance certificate prepared by the insurer to the worker within 15 days after execution of the contract.
The employer shall, by the end of each month, submit the insurance information of workers participating in annuity insurance for that month to the BLI; no further need is required to process cessation of contribution to the individual pension fund accounts.
Article 17
Where the workers participate in annuity insurance provided by different insurers, the business entity may, with the consent of the workers participating in annuity insurance, change the insurer.
Article 18
Where a business entity is extinguished due to merger/acquisition, the surviving, assigned or newly established business entity after the merger/acquisition shall continue to pay annuity insurance premium for the original workers who have participated in annuity insurance in accordance with Paragraph 1 of Article 35 of the Act.
Where the merging/acquiring business entity and the merged/acquired business entity engage different insurers, the surviving, assigned or newly established business entity after the merger/acquisition may, with the consent of the workers participating in the annuity insurance, select an insurer for annuity insurance.
Article 19
Where a business entity changes the insurer with the consent of the workers, it shall give a written notice, along with a list of workers changing the insurer, to the original insurer, the new insurer and the BLI.
The change referred to in the preceding Paragraph shall become effective on the first day of the month following notification to the insurer by the business entity.
Workers who disagree to change the insurer may continue their original annuity insurance or choose to have the employer contribute to their individual pension fund accounts with the BLI
Chapter Ⅲ Payment of Annuity Insurance Premium
Article 20
The monthly allocation of wages for the payment of annuity insurance premium by employers shall be made based on the monthly wages of workers in accordance with the standards of the Monthly Contribution Classification Table of Labor Pension under Paragraph 5 of Article 14 of the Act, and shall be reported to the insurers.
If the monthly wages of workers are not in a fixed amount, the report shall be made based on the average wages of the last three months; if the wages of new workers have not been ascertained, the report shall be made temporarily based on the wages of workers in the same category of work.
Where workers participating in annuity insurance are concurrently insured by labor insurance or national health insurance, except those whose total amount of monthly wages is below the floor of the "Table of Grades of Insured Salary" of labor insurance, the amount of monthly allocation of wages shall not be less than the insurance wages of labor insurance or the insurance amount of the national health insurance.
Article 21
The amount of the annuity insurance premiums borne by the employer for staff governed under Article 7, Paragraph 2, subparagraph 3 or 4 may be within six percent of the worker's monthly wage.
Persons designated by subparagraph 1, subparagraph 3 or 4 of the second paragraph of Article 7 may voluntarily deposit the annuity insurance premiums within six percent of their monthly salary or monthly income from professional practice.
Employers who actually choose to appropriate their annuity insurance premium contributions as designated by Paragraph 2, subparagraph 1of Article 7 shall process such contributions along with their workers.
Article 22
Employers shall, within 7 days from a worker's resignation/termination, reinstatement, death, being on leave without pay, enlistment, suspension from duties or detention due to any court case, report/apply in writing to the insurer to commence or cease payment of the annuity insurance premium.
In the event that an employer is required to make up the wages of a reinstated worker for the period of his/her suspension from duties or detention due to a court case, the employer shall make up the payment of the annuity insurance premium prior to the end of the month immediately after the month in which the worker is reinstated.
When employers cease paying annuity insurance premiums in accordance with Paragraph 1, withholding of workers' voluntary payment shall simultaneously cease; provided, however, if the annuity insurance contract provides otherwise, such provision shall be complied with.
If workers make voluntary payment in accordance with the proviso in the preceding Paragraph, the period of voluntary payment shall not be included in the years of service referred to in Article 42 herein.
Article 23
Where workers voluntarily pay additional annuity insurance premium, the employer shall inform the insurer and may withhold the amount from their wages for payment to the insurer along with the portion responsible by the employer. Where the workers are unwilling to make payment, they shall notify the employers, and the employers shall notify the insurer to cease processing the portion of voluntary payment.
Article 24
If there is any change or error in the name, sex, date of birth and national identification or resident certificate number of any person participating in annuity insurance, the employer shall immediately fill out an application for change of his/her information and submit the same, along with photocopies of the national identification card, resident certificate or relevant documents, to the insurer for processing the change.
If there is any omission in the application/report information submitted by the employer, the employer shall make the correction within 10 days from the day following receipt of the written notice from the insurer.
Article 25
The insurer shall make and send the payment statement of the annuity insurance premium to be bore by the employer and to be paid voluntarily by the worker to the business entity before the 25th day of the next month, and the employer shall make payment by the end of the following month. The insurer shall report the employer's payment status to the BLI before the 7th day of the month following the due date.
If the employer has not received the payment statement from the insurer by the 15th day of each month, it shall first make payment based on the amount of the previous term and notify the insurer to re-send the payment statement.
If the employer fails to pay the annuity insurance premium, the insurer shall demand payment immediately and require the employer to make payment by the end of the month following the due date. The result of claim shall be reported to the BLI by the 7th day of month following the payment due month.
Article 26
The annuity insurance premium shall be calculated on a 30-day monthly basis.
The total annuity insurance premium paid for each worker by an employer shall be calculated by the dollar and rounded to the nearest dollar.
Article 27
If an employer fails to make full payment of the amount payable by the employer stated in the payment statement of annuity insurance premium, the insurer shall directly allocate the payment made by the employer inproportion to the amounts payable for each worker.
Article 28
If there is any discrepancy between the amount stated in the statement of payment of annuity insurance premium and the amount payable by the employer, the employer shall first pay the stated amount in full and submit reasons for adjustment to the insurer. After verification by the insurer, the amount shall be settled with the amount of payment for the nearest month.
Article 29
Employers shall state the amount of the annuity insurance premium they paid for workers on the salary sheets of workers or otherwise separately inform them in writing. The amount of annuity insurance premium voluntarily paid by workers shall also be stated.
At the end of the year, the insurer shall separately issue receipts to the workers.
Article 30
When handling the process for purchasing insurance for workers or other procedures on their behalf, employers shall not collect any fee from the workers or insurer.
Article 31
For annuity insurance premiums paid by employers and the portion voluntarily paid by workers, insurers shall set up a separate account, prepare books of accounts, and explicitly record the rate of payment, period of payment and amount. When insurers assume transferred policies, this provision shall also apply.
Article 32
Each month insurers shall prepare a statement to inform employers, stating the policy value reserve of each worker as of the end of the previous month, and employers shall inform their workers of the same.
Article 33
After receiving the annuity insurance premium, insurers shall issue a receipt of the premium to the employers by the 7th day of the following month, and submit to the BLI the information of purchase of annuity insurance and the annuity insurance premium it received in accordancewith the requirements of the BLI.
Article 34
Workers who are covered by this Act working in business entities that implement the annuities insurance scheme may change their original choice of the pension fund mechanism in accordance with the provision of the Article 35-2 of the Act. Such change shall become effective on the 1st day of the month following the employer's application/report.
Article 35
Where a worker participating in annuity insurance leaves office and is employed later on, the new employer shall be the applicant of his/her annuity insurance and continue to pay the premium.
Where a worker leaves office and is not employed later on, or where the worker is re-employed after leaving office and chooses to participate in the annuity insurance provided by the new employer, the applicant of the original annuity insurance shall be changed to the worker himself/herself. The worker may choose to continue or suspend payment of the premium or process reduction of the premium, and to continue to accumulate returns based on the policy value reserve at the time of change.
Where a worker leaves office and is re-employed later on, if he/she applies for transferring the policy value reserve of the original annuity insurance to the annuity insurance provided by the new employer, the original insurer shall complete the transfer procedures within 30 days from the date on which it receives the application in accordance with Article 67 herein.
Article 36
The annuity insurance contract shall not provide that for persons whose period for accumulating policy value reserve has already exceeded 4 years, a change of insurer, transfer of policy or transfer of policy value reserve shall still not be permitted.
Where the insurer terminates operation of annuity insurance or is involved in merger/acquisition so that the annuity insurance contract is terminated or policy is transferred, the insured shall not be subject to the 4-year restriction referred to in the preceding Paragraph, and he/she may choose a new insurer or transfer the policy value reserve to his/her individual pension account, which the original insurer and the surviving insurer after merger/acquisition shall not refuse.
Calculation of the period referred to in Paragraph 1 shall start from the day on which the employer makes the first payment of the annuity insurance premium for individual workers.
When the annuity insurance contract attains the minimum policy value reserve accumulation period, the insurer shall notify the worker.
If a worker, his/her survivor(s) or designated beneficiary(ies) meets the conditions for receiving pension payment under annuity insurance, the insurer shall not restrict him/her from applying for payment based on the agreement on the minimum policy value reserve accumulation period.
Article 37
Where a business entity terminates the implementation of the Insurance as a result of ceasing operation, dissolution, adjudication of bankruptcy or mutual agreement between the workers and employer, it shall notify the workers by a public notice at least 30 days prior to the date of termination of the implementation and notify the insurer and the competent authority, stating the following matters:
1. Causes of termination;
2. Responsible person of the business entity, trustee in bankruptcy, and liquidator;
3. Plan for transfer of the annuity insurance contract; and
4. Effective date for termination of implementation due to wind-up, dissolution, adjudication of bankruptcy or mutual agreement.
If a business entity has in fact ceased operation, dissolved, adjudicated for bankruptcy, or not in operation, and does not employ any worker, it shall cease paying annuity insurance premium based on the date on which the fact is confirmed.
Chapter Ⅳ Pension Payment under Annuity Insurance
Article 38
Insurers shall prepare and issue a written explanation on annuity insurance rights and interests to the applicants by the end of February of each year. If the applicants are employers, the employers shall forward such written explanation to the workers or commissioned workers within 10 days from receipt.
The written explanation referred to in the preceding Paragraph shall include the following matters:
1. Basic personal information of workers or commissioned workers: Name, national identification number, resident certificate number, sex, date of birth, date of employment;
2. Effective date of annuity insurance contract, date on which workers are eligible to claim pension payment under the annuity insurance, and the accumulated years of premium payment;
3. Total accumulated payable and paid premium amounts as of the previous year;
4. Amount of policy value reserve as of the previous year;
5. Relevant information of investment returns as of the previous year; and
6. The guaranteed return and actual return rates as of the previous year.
If any worker or any commissioned worker raises any question to the employer in connection with the written explanation referred to in the preceding Paragraph, the employer shall ask the insurer to reply regarding its handling within 15 days.
Article 39
When a worker transfers the cashed-out pension payment to the annuity insurance in accordance with Paragraph 1 of Article 12 of the Implementation Rules of the Act, or when the worker transfers the principal and return of his/her individual pension fund account or the policy value reserve of the annuity insurance in accordance with the provision of Article 14 of the Implementation Rules of the Act, the BLI and the insurer shall expressly record his/her seniority, period of payment, transfer date and amount, and separately issue a certificate to the worker.
Article 40
Where a worker applies to the insurer for transferring the policy value reserve of annuity insurance to his/her individual pension fund account in accordance with Paragraph 2 of Article 14 of the Implementation Rules of the Act, the insurer shall submit to the BLI the information of the amount of the worker's policy value reserve cashed-out/settled, the period of the annuity insurance premium payment, and the date of transfer.
If the policy value reserve cashed-out in accordance with the preceding Paragraph does not reach the average return rate under Paragraph 3 of Article 35 of the Act, the insurer shall make up the difference. The insurer shall deliver a written breakdown for the settlement of policyvalue reserve to workers.
If any worker raises any question with respect to the settlement of policy value reserve referred to in the preceding Paragraph, the insurer shall be responsible for explanation. In case of any shortfall, the insurer shall make up the difference.
Article 41
Where a worker transfers the policy value reserve of annuity insurance to his/her individual pension fund account in accordance with Paragraph 2 of Article 14 of the Implementation Rules of the Act, or where the worker applies for pension payment of annuity insurance in accordance with Article 42 herein, the seniority of the worker shall be calculated based on the number of months in which the employer actually pays the annuity insurance.
For workers who transfer the full amount of the principal and accumulated returns in their individual pension fund accounts to annuity insurance, their seniority shall be combined for calculation purposes.
Article 42
The age provided in the annuity insurance contract for workers to claim annuity insurance payment under the annuity insurance shall not be less than 60. However, this does not apply to workers who meet the conditions stipulated in Paragraph 1 of Article 24-2 of the Act.
The annuity insurance contract shall stipulate the following terms and conditions for workers claiming annuity payment:
1. Workers who reach the age of 60 with seniority of fifteen years or more may choose to receive either monthly annuity payments or a lump-sum payment; workers whose seniority is less than fifteen years shall claim for a lump-sum payment.
2. Workers who have not reached the age of 60 but meet any condition stipulated in Paragraph 1 of Article 24-2 of the Act, and have seniority of 15 years or more shall apply for monthly annuity payments or a lump-sum payment; workers with less than 15 years of seniority shall apply for a lump-sum payment.
The annuity insurance contract may provide that when a worker dies, his/her designated beneficiary(ies) shall apply for the insurance payment; in the absence of the designation, his/her survivor(s) shall apply for payment of the accumulated policy value reserve.
Article 43
The right of a worker, his/her survivor(s) or designated beneficiary(ies) to apply to the insurer for pension payment shall be extinguished if it is not exercised within 10 years from the date on which he/she is entitled to apply for the payment.
Article 44
If the pension payment under the annuity insurance is on monthly basis, the insurers shall make payment at least every 3 months.
The insurer shall make first payment of the monthly pension referred to in the preceding Paragraph from the month following receipt of the application.
Article 45
Those applying for lump-sum pension payment, the insurer shall make payment within 30 days from receipt of the application.
Article 46
Workers applying to the insurers for the payment under the annuity insurance shall file an application along with the following documents:
1. Photocopy of the account [book] opened with financial institutions in the workers' own name;
2. Photocopy of identification card or household register.
In addition to the prescribed documents of the preceding Paragraph, workers who meet any of the conditions stipulated in subparagraph 1 or 2, Paragraph 1 of Article 24-2 of the Act shall submit proofs of the labor insurance payment or national annuity insurance payment that have already received; workers who meet any of the conditions stipulated in subparagraph 3, Paragraph 1 of Article 24-2 of the Act submit photocopies of the front and back covers of their handbooks (certificates) for severely or higher level of mental and physical disability.
Article 47
Upon the death of a worker, his/her designated beneficiary(ies) or survivor(s) who applies (apply) to the insurer for the policy value reserve shall file an application along with the following documents:
1. Photocopy of the account [book] opened with financial institution in the name of the designated beneficiary(ies) or survivor(s);
2. Household register of all registered members containing the date of death of the worker, certificate of medical diagnosis on death, certificate of autopsy issued by prosecutor, or judgment for declaration of death;
3. Where the applicant is not in the same household as the worker, relevant household register proving his/her identification and relationship; and
4. Photocopies of identification certification document(s) to be submitted by the designated beneficiary(ies) or survivor(s).
Article 48
In the event that a worker, his/her survivor, or designated beneficiary resides abroad and cannot return to claim pension payment, he/she may claim with a power of attorney, along with proof of identification from the country of residence or documents from the overseas representative office of the Republic of China to arrange for payments.
The power of attorney and proof of identification referred to in the preceding Paragraph should include a Chinese translation to be authenticated by the overseas representative office of the Republic of China. Translations that are not authenticated shall be notarized by a court or notary public of the Republic of China.
If the persons claiming pension payments referred to in Paragraph 1 of this Article are people of mainland Area and cannot claim their pension payments in person, they may do so through power of attorney, which should include personal identification documents. The power of attorney and personal identification documents shall be notarized in mainland China and confirmed by a related institution approved by the Republic of China.
Chapter Ⅴ Qualification and Examination for Sale of the Insurance Products by Insurers
Article 49
Insurers selling the Insurance products shall meet the following requirements:
1. The organizations have obtained the licenses for operating personal insurance business in accordance with the Insurance Act, or the Taiwan branches of the foreign insurers have obtained the personal insurance business licenses in Taiwan with the approval of the insuranceauthority;
2. The ratio of total adjusted net capital to risk-based capital has met the requirements under Paragraph 1 of Article 143-4 of the Insurance Act;
3. The insurers are rated A or a better rating by a credit rating institution approved by the competent authority; and
4. The insurers' director(s), general manager(s) or manger(s) responsible for such business has (have) not been subject to replacement or removal by the insurance authority within the recent three years as a result of violation to insurance laws and regulations.
Insurers shall process credit rating every two years with a credit rating institution approved by the competent authority.
Credit rating referred to in Paragraph 1, the Taiwan branch or subsidiary of a foreign insurer whose foreign head office or parent company is jointly and severally responsible for its liabilities may file the credit application based on the rating of its foreign head office or parent company.
Article 50
Insurers who meet the qualifications provided in the preceding Article shall submit the certification documents specified in subparagraphs 1 to 3 of the preceding Article to the competent authority for examination.
When examining the qualifications of the insurers, the competent authority shall seek the opinions of the insurance authority.
Article 51
Before selling the Insurance products, the insurers shall process the pre-sale procedures to be adopted in accordance with the Insurance Act.
When examining the Insurance products referred to in the preceding Paragraph, the insurance authority shall seek the opinions of the competent authority.
Article 52
The competent authority shall examine and reply within 60 days from the day following its acceptance of the application of the insurance enterprises. Where the competent authority requires the applicant to rectify within a time limit by a letter reply, the competent authority shall examine and reply within 30 days from the day following its acceptance of the rectified documents. If no rectification is made within the time limit, the application shall be rejected.
If the application of an insurance enterprise is rejected due to any misrepresentation or false statement discovered in the documents submitted by it in accordance with Article 50 hereof, such enterprise shall not re-apply within 3 months after the application is rejected.
Article 53
The labor retirement annuity insurance policy shall state the following matters:
1. When a worker leaves office and is not employed later on, or when the worker leaves office and is re-employed and continues to pay annuity insurance premium, the insurance applicant shall be changed to the worker;
2. Where a worker leaves office and is not employed later on, or when the worker leaves office and is re-employed and continues to pay annuity insurance premium, the insurer shall provide a flexible method for premium payment. The annuity insurance contract shall not lose force due to suspension of premium payment, and the policy value reserve shall not be reduced/damaged;
3. The rights provided in the annuity insurance contract shall not be assigned, attached, offset or provided as security;
4. The average return rate during the period of annuity insurance premium payment and application for pension payment, after deduction of administrative fee, shall not be less than the interest rate of a 2-year-term time deposit of local banks; and
5. The matters provided in Article 5, Article 7, Paragraph 1 of Article16, Article 35, Article 36, Article 38, Articles 40 through 48, and Article 67 herein.
Article 54
In operating the Insurance business, if the products of insurers fall under investment-type insurance, they shall comply with the requirements under the Rules Governing Investment and Management of Investment-type Insurance, unless these Regulations provide otherwise.
If the said products do not fall under investment-type insurance, the insurers shall process in accordance with the following rules:
1. The utilization of funds shall be subject to the relevant provisions of the Insurance Act;
2. Article 4 to Article 6, Article 8 and Article 9 of the Rules Governing Investment and Management of Investment-type Insurance shall apply mutatis mutandis to the installation and entry of their separate account books, asset management, and risk management.
Article 55
For the expenses incurred by insurers from operating the Insurance business or from changing insurers by workers, the insurers may specify in the policy that an administrative fee shall be charged and directly deducted from the returns. However, after deduction of the administrative fee, the rate of return of the annuity insurance shall still not be less than the interest rate of a 2-year-term time deposit of the local banks.
The insurers assuming the transferred policies shall not charge any fees incurred from the policies transfer.
The cap of the administrative fee incurred from policy transfer shall be set by the insurance authority.
Chapter Ⅵ Administration of Insurers and Relevant Business Execution Personnel
Article 56
When executing business, insurers shall exercise the care of a good administrator, faithfully execute the investment management business for separate accounts, and diligently protect the interests of workers and employers.
Article 57
Before executing the Insurance business, the insurance solicitors, insurance agents and insurance brokers shall accept educational training. The conduct of educational training shall be submitted to the competent authority for recordation.
Article 58
When executing the Insurance business, the insurance solicitors, insurance agents and insurance brokers shall show the approval document to and explicitly inform business entities.
Article 59
Insurers shall publish such information as their credit ratings, brief introduction of insurance products, asset allocation on the websites of the companies (offices) and prepare and place written information at their head offices (headquarters), branches (offices), liaison office and other offices, or provide computer facilities at the aforementioned places for the public to openly examine or download such information.
Article 60
Insurers shall submit the following statements and documents to the competent authority for recordation before the 15th day of each month and present a general report within 2 months from the end of each fiscal year:
1. Statistics of number of business entities paying premium, number of workers participating in the scheme, and payment allocated from wages;
2. Statistics of annuity insurance payments;
3. Statistics of complaints or disputes;
4. Setting aside of reserve, asset allocation and policy returns;
5. Credit rating; and
6. Other documents required by the competent authority.
The competent authority shall compile the information in the statements/documents referred to in the preceding Paragraph and publicize such on a quarterly basis.
Article 61
When necessary, the competent authority may order the insurers to truthfully provide the information of the payments and receipts and custody related to annuity insurance within a specified time limit, and it may send its personnel or engage an appropriate institute, professionals, or send a written request to the insurance authority to jointly inspect the operation situations of the insurers.
Article 62
When insurers set aside reserves in accordance with Article 145 of the Insurance Act, such reserves shall include the return rates provided in Paragraph 4 of Article 35 of the Act.
Article 63
When insurers operate the Insurance business, if any of the following events occurs, the competent authority shall notify them to make improvement. If necessary, it may send a letter to the insurance authority requesting it to handle according to law:
1. Where the insurance authority determines that the insurers' ratio of total adjusted net capital to risk-based capital violates Paragraph1 of Article 143-4 of the Insurance Act, and the insurers fail to make up the shortfall, rectify or come up with remedial measures within the time limit specified by the insurance authority;
2. Where the insurers have materially violated insurance laws and regulations so that their director(s), general manager(s) or manager(s) responsible for such business is (are) subject to replacement or removal by the insurance authority;
3. Where the insurers' most recent credit rating has been lower than the rating provided in subparagraph 3, Paragraph 1 of Article 49 of these Regulations for two consecutive times;
4. Where the insurers' advertisements or promotional materials are exaggerating and untrue;
5. Where the insurers have interfered with competent authority's audit or their reports on business are not true; or
6. Where the insurers have violated other provisions prescribed in the Act.
Article 64
Insurers shall not commission any other insurer to operate the Insurance business.
An insurer who terminates the operation of the Insurance business or is subject to merger/acquisition shall report, stating the following matters, to the competent authority for recordation at least 30 days prior to the record date for termination of operation of the Insurance or merger/acquisition:
1. Causes for termination of operation of annuity insurance;
2. Plan for transfer of annuity insurance contracts; and
3. Date of termination of annuity insurance business.
When an insurer terminates the operation of the Insurance business, it shall report to the competent authority, and the competent shall make a public notice.
Article 65
When an insurer terminates the Insurance business due to revocation or voluntary termination of the operation or merger/acquisition, the annuity insurance contracts signed by it shall, with the consent of the insured, be transferred to an insurer approved to operate the Insurance business. If the said contracts cannot be transferred, the competent authority shall, in conjunction with the insurance authority, designate an insurer to assume the contracts or have the original insurer transfer the policy value reserve to the individual pension fund accounts.
If the asset transferred to the individual pension fund account by the insurer of the preceding Paragraph is not an investment object provided under the Individual Labor Pension Account Fund Management and Profit/Loss Allocation Rules, the insurer shall deliver such asset in cash based on book value.
When the insurer completes transferring the annuity insurance contracts in accordance with Paragraph 1, it shall notify the insured and theBLI.
When the insurer is changed in accordance with the preceding Paragraph, neither the original insurer nor the insurer assuming the insurance contracts shall charge any fee to the workers.
Article 66
Where there is a merger/acquisition relating to an insurer, with respect to the annuity insurance contracts entered into by the merged/acquired insurer being transferred in accordance with Paragraph 1 of the preceding article, the rights and obligations of the insurance applicants and insured shall be generally assumed by the surviving insurer of the merger/acquisition.
Article 67
Where the policy value reserve is transferred to a new insurer or to the individual pension fund account in accordance with Article 17, Paragraph 2 of Article 18, Paragraph 3 of Article 19, Article 39 or Paragraph 1 of Article 65, the insurer shall complete the transfer procedures within 30 days from the date of receipt of the application or designation.
When transferring the policy value reserve referred to in the preceding Paragraph, the insurer shall transfer the full amount.
The calculation period for the policy value reserve referred to in Paragraph 1 shall be the period in which the premium is accumulated. Except the distributed returns, the undistributed returns shall be calculated up to the day immediately before the transfer based on the criteria for distribution of returns in the previous term.
Chapter Ⅶ Supplemental Provisions
Article 68
The forms of the statements and documents referred to in subparagraphs 1 and 4, Paragraph 1 of Article 11, Paragraph 1 of Article 14, and Paragraph 1 of Article 37 shall be prescribed by the competent authority.
The application/report forms referred to in Paragraph 2 of Article 16, Article 33 and Paragraph 1 of Article 40 shall be separately prescribed by the BLI.
Article 69
These Regulations shall come into effect from July 1, 2005.
The amendments of these Regulations shall come into effect from the date of their promulgation.