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Chapter 2 Occupational Accident Insurance
Section 4 Insurance Benefit
Subparagraph 7 Application and Issuance of Pension
Article 56
If the insured person or the beneficiary meets the conditions for pension collection, an application form shall be completed and relevant documents enclosed to file an application with the insurer.
If the insurer reviews and approves the conditions for collection by the insured person or beneficiary under the previous paragraph, the pension shall be issued on a monthly basis from the month of application until the month during which the issuance should end.
If the beneficiary of survivors’ pension fails to file an application in the month when the conditions for collection are satisfied, the insurer shall make retrospective payment for the benefit that may be collected during 5 years preceding the date of application, except the portion that is already collected by other beneficiaries.
Article 57
When an insured person or beneficiary seeks pension, the insurer may make verification and may withhold benefit issuance during the verification period. If the verification shows that the conditions for the benefit are satisfied, benefits due during the verification period shall be issued and issuance shall continue in accordance with the regulations.
If the person collecting pension does not meet the conditions for the benefit or is deceased, such person or the successor shall submit relevant documents and information and give notice to the insurer within 30 days from the date of occurrence of the event. The insurer shall cease pension issuance from the month following the date of occurrence of the event.
If the person collecting pension is deceased and the pension due has not been remitted into his/her account, the successor may submit justification documents showing the date of decease of the applicant and the successor to collect the pension. If there are two or more successors, a power of attorney and an affidavit may be issued jointly for one of the persons to collect the benefit.
If the person collecting pension or his/her successor fails to give notice to the insurer in accordance with the second paragraph, resulting in the excess collection of pension, the insurer shall give written notice to the person who has collected excess pension and the excess may be deducted from the pension issued. If no more payment is due or if the amount due is insufficient for the reduction, the insurer shall give written notice to seek reimbursement within 30 days.
Article 58
If the insured person or beneficiary seeks the benefit of the Insurance or other social insurance pension at the same time based on different insured incidents, the amount of the pension under the Insurance shall be reduced in consideration of the number, amount, type of pension that the insured person or beneficiary may collect and other elements of livelihood protections.
The reduction ratio of pension under the Insurance in the previous paragraph shall be limited to 50%.
The central competent authority shall prescribe the regulations about the situation, ratio and manner of the reduction of pension under the Insurance and other compliance matters under the first paragraph.