Chapter 2 Occupational Accident Insurance
Section 4 Insurance Benefits
Subparagraph 5 Survivor Benefits
Article 64
For those who apply for survivor's pension by Subparagraph 1, Paragraph 2, Article 49 of the Act, the marriage relationship for more than one year shall be calculated continuously from the date of death of the insured.
For the determination of whether “schooled” or not, Article 59 shall apply mutatis mutandis to those who apply for survivor's pension by the provisions of Subparagraphs 2 and 4 of Paragraph 2 of Article 49 of the Act.
Article 65
Those applying for the funeral and interment allowance by Paragraph 1 of Article 49 of the Act shall provide the following documents:
1. Death benefit application and payment receipt.
2. Death certificate, public prosecutor's autopsy certificate, or death declaration ruling.
3. Transcript of the overall household registration with the date of death.
4. Proof of payment of funeral expenses. However, if the person who pays the funeral expenses has the priority to receive the survivor's pension, the lump sum survivor benefit, or survivor allowance, the letter of the affidavit may be adopted instead.
Article 66
Those applying for the survivor's pension by Paragraph 2 of Article 49 of the Act shall provide the following documents:
1. Death benefit application and payment receipt.
2. Death certificate, public prosecutor's autopsy certificate, or death declaration ruling.
3. Transcript of the overall household registration with the date of death. If the beneficiary is a spouse, the date of marriage shall be stated; if the beneficiary is a foster child, the date of adoption and registration shall be stated. If the beneficiary and the deceased are not in the same household registration, the transcripts of each household registration shall be submitted altogether.
4. If the children or grandchildren are schooled, it is required to additionally attach the photocopy of the tuition receipt or proof of school attendance. The applicant shall re-submit the relevant certificates before the end of September each year and send them to the insurer for verification. Those who meet the conditions after verification shall continue to be distributed with the allowance until the end of August of the following year.
5. For spouses, children, grandchildren, and siblings who are unable to make a living, certificates of physical and mental disabilities, or certificates of guardianship declaration shall also be attached.
6. If the beneficiary of the Disappearance benefit is the insured's grandchildren or siblings, the relevant supporting documents of the insured shall be attached to the application.
Article 67
Those applying for the lump-sum survivor benefit by Paragraph 3 of Article 49 of the Act shall provide the following documents:
1. Death benefit application and payment receipt.
2. Death certificate, public prosecutor's autopsy certificate, or death declaration ruling.
3. A transcript of the overall household registration with the date of death. If the beneficiary is a foster child, the date of adoption and registration shall be stated; if the beneficiary and the deceased are not in the same household registration, each household registration transcript shall be submitted altogether.
4. If the beneficiary of the Disappearance benefit is the insured's grandchildren or siblings, the relevant supporting documents of the insured shall be attached to the application.
5. If the insured passes away, all relevant documents that do not meet the requirements for the distribution of the survivor's pension.
Article 68
Those applying for the survivor allowance by Paragraph 5 of Article 49 of the Act shall provide the following documents:
1. Death benefit application and payment receipt.
2. Death certificate, public prosecutor's autopsy certificate, or death declaration ruling.
3. A transcript of the overall household registration with the date of death. If the beneficiary is a foster child, the date of adoption and registration shall be stated; if the beneficiary and the deceased are not in the same household registration, each household registration transcript shall be submitted altogether.
4. If the beneficiary of the Disappearance benefit is the insured's grandchildren or siblings, the relevant supporting documents of the insured shall be attached to the application.
Article 69
In the event before the insured passes away and a lump-sum payment for a permanent disability benefit is requested by the provisions of Paragraphs 1 or 3 of Article 43 of the Act, if the insurer approves the payment but fails to pay it, the surviving family member may accept such benefit.
The beneficiaries of the permanent disability benefit, the priority of claiming and the method of distribution shall apply mutatis mutandis to Paragraph 2 of Article 49, Paragraphs 1 and 2 of Article 52, and Article 53 of the Act.
Article 70
If the insured withdraws the insurance and passes away during the period of receiving the permanent or severe disability benefit, and the surviving family members choose to claim the survivor’s pension by Paragraph 1 of Article 50 of the Act, the pension for survivors will be paid from the month following the death of the insured.
If the surviving family members specified in the preceding Paragraph choose to apply for distribution of the amount of difference between permanent disability benefit and the total amount of pension already collected by Paragraph 2 of Article 50 of the Act, they shall meet the criteria of difference between permanent disability benefit and the total amount of pension already collected by the time the insured is diagnosed with a permanent disability to be distributed.
Article 71
By the provisions of Paragraph 2 of Article 50 of the Act, a person who chooses to apply for the amount of difference between permanent disability benefit and the total amount of pension already collected shall provide the following documents:
1. Permanent disability benefit difference application form and benefit payment receipt.
2. Documents specified in Subparagraphs 2 to 4 of Article 68.
Article 72
Failure to reach an agreement as specified in Paragraph 1 of Article 53 of the Act means that each applicant fails to complete the agreement within 30 days as specified in the written notice from the insurer and submit a certificate of agreement.
Article 73
When there are two or more surviving family members with the same priority and an agreement is reached by the proviso of Paragraph 2 of Article 53 of the Act, the insurer may notify the applicant in writing to complete the agreement within 30 days, and the representative applicant shall submit such agreement. If the applicant fails to submit it within the time limit, the insurer may issue an annuity to the surviving family member by Paragraph 2 of Article 53 of the Act, and the surviving family members may not request the change.
Article 74
If there are two or more surviving family members with the same priority and they apply for a lump sum benefit for the surviving family members by the provisions of Paragraph 3 of Article 49 of the Act, they cannot jointly claim it, the insurer may notify the other unnamed surviving family members (who have the same priority) in writing using the registered address to reach an agreement for joint claiming within 30 days; if they fail to apply within the time limit, except for complying with the age requirements, it will be deemed that they fail to meet the requirements for surviving family annuity benefit.
Article 75
If the insured passes away and the minor beneficiary is unable to claim the survivor's annuity, the lump sum benefit, or the survivor allowance, the insured unit to which the insured affiliates shall immediately notify the insurer to keep the benefit and accumulate the interest until such beneficiary can claim it.
Article 76
When the beneficiary or the person paying the funeral expenses applies for the death benefit, if the insured unit to which the insured affiliates has not proceeded with the withdrawal procedures, the insurer will withdraw the insurance directly.