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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 13:10
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Chapter Law Content

Title: Farmer Health Insurance Act CH
Category: Ministry of Agriculture(農業部)
CHAPTER Ⅱ Insurer, Insured Establishment, and Insured Person
Article 4
The Central Bureau of Social Insurance established by the central competent authority is the Insurer of this Insurance. Before the Central Bureau of Social Insurance is established, the Bureau of Labor Insurance shall temporarily deal with the business regarding this Insurance and act as the insurer.
A Farmer Health Insurance Supervisory Commission shall be organized in order to supervise the operation of this Insurance and review the disputes related to this Insurance. In principle, the representatives of the related departments, farmers, and experts shall respectively account for 1/3 of the total number of the commissioners.
The organizational regulations of the Farmer Health Insurance Supervisory Commission and the Regulations on review of the disputes regarding this Insurance shall be prepared by the central competent authority, and then reported to the Executive Yuan for approval and promulgation.
Article 5
A member of the farmer association as referred to in Article 12 of the Farmer Association Act who is engaged in agricultural work and has not received the old-aged benefits of other related social insurances may join in this Insurance program as an insured person, and the basic-level farmer association to which he belongs to shall be the insured unit.
If a farmer over 15 years old who is not a member of farmer association as referred to in the preceding paragraph, and engaged in agricultural work and has not received the old-aged benefits of other related social insurances may join in this Insurance program as an insured person, the basic-level farmer association in the household registration shall act as the insured unit.
The members of this Insurance program who have received the old-aged benefits of other related social insurances or who have applied for the old-aged benefits of other related social insurances prior to enforcement of this revised Act on January 30, 2013 may be allowed to continue the coverage of this Insurance program after the amendment; the insured members who have lost their qualifications of the Insurance program due to qualification changes may apply for joining the program in accordance with regulations after the amendment.
The insured members of the farmer association in this Insurance, are still considered qualified for the enrollment in the regulations in Paragraph 1 and Paragraph 2 if through the examination of the insured unit which located in the region where the insured have their household registered after they move their household registrations out from the area of the farmer association or lose their membership due to the alterations of their membership conditions . The effectiveness of the insurance of these members starts from the date when the members take up a new household registration in the area of the farmer association or when the members lose the membership conditions. If these insured members lose their membership due to the alterations of their membership qualifications before November 27, 2008, these members can re-apply for insurance qualification examination to the insured unit which located in the region where the insured have their household registered within two years after the amendments to the Act, promulgated on January 27, 2010, became effective. After the examination, if these members still qualify the provisions prior to the amendments of this Act on January 5, 2010, their insurance qualifications will become effective on the date these members lose their membership. Even the insured persons pass away before his/her application for insurance re-enrollment is presented to the insured establishment which located in the region where the insured have their household registered and the examination of the qualifications is finished, the insured’s family members are allowed to file a membership examination with certificates.
Before the amendment of this Article is promulgated and enforced on November 26, 2008, the insured persons in Paragraph 1 and Paragraph 2 who are deprived of the insured status due to the alteration of the household registration have certainly paid the insurance premium and suffered from the illness within the valid period of insurance coverage and are thus diagnosed as disabled incurred from this illness, are allowed to re-file an application for disability payment before November 27, 2010, exempt from the restrictions in the regulations in Article 36.
The standards for determination of the farmers engaged in agricultural work as referred to in the first and second paragraphs and the regulations on examination of their qualifications shall be prescribed by the central competent authority.
Article 5-1
For persons who have collected payments for the elderly under relevant social insurance, in cases in which these are retirement payments under insurance for military personnel, and moreover the person meets any of the following criteria, they may apply to participate in this Insurance under the preceding Article, and shall not be subject to the restrictions under Paragraphs 1 and 2 of that Article that they shall not have received payments for the elderly under relevant social insurance:
1. Those who are under 50 years of age when they apply to participate in this Insurance.
2. Those who have not collected lifetime monthly pensions or retirement pay under Subparagraph 2 of Paragraph 1 of Article 23 of the Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces. However, this does not apply to those who are qualified to collect these payments but have not done so.
Persons who have participated in this Insurance under the preceding Paragraph, after withdrawing from this Insurance, if within five years of the day following their withdrawal they rejoin this Insurance under the provisions of the preceding Article, they shall not be limited by the restrictions under Paragraphs 1 and 2 of that Article that they shall not have received payments for the elderly under relevant social insurance.
Persons participating in this Insurance based on the provisions of the preceding two paragraphs shall not collect any payments for the elderly under social insurance other than retirement payments under insurance for military personnel.
Article 6
The farmers, except those who should enroll or have enrolled in military servant insurance, civil servant and teacher insurance or labor insurance, should enroll in this insurance as the insured. At the same time, those who are qualified for the national pension insurance may have the choice to enroll in that insurance, exempt from the restrictions related to “those to enroll” or “those already enrolled”, in the regulation in Article 7 in the National Pension Act; those who are yet to enroll in this insurance are considered as already choosing to enroll in the national pension insurance.
Those who have enrolled in this insurance should withdraw from this insurance once they enroll in one of the other insurances mentioned in previous paragraph. However, those who have enrolled in the occupational injury insurance of the labor insurance or those who have enrolled in the labor insurance for engaging in non-agricultural businesses during the period of non-busy seasons for farmers shall not be withdrawn from this insurance.
According to the previous proviso, those who have enrolled in this insurance and the labor insurance or its occupational injury insurance are supposed to choose only one from the two to apply for the insurance payment when one insurance accident occurs and qualifies for the applications for both insurance payments; those who have been withdrawn from this insurance are refunded with the insurance premium paid in advance, exempt from the restrictions in the regulations of paragraph 2 in Article 13.
The standards of paragraph 2 on the engagement of non-agricultural businesses during the period of non-busy seasons for farmers shall be prescribed by the central competent authority.
Article 7
In any of the following occasions, an insured person may continue participating in this Insurance:
1. Those who are recruited to take military service.
2. Those who are sent to a foreign country for visit or study or to provide service.
3. Those who have enrolled in this insurance, reach the age of 65 and whose insured time have added up to 15 years, and who haven’t been engaged in the agricultural businesses since they commission all their lands to the designated units of the competent authorities to do the land transfer or the land rent-out.
4. Those whose land for participation in this Insurance has been expropriated or who have reached agreement on sale of the land to the agency that requires it prior to expropriation, to the point that the land area does not meet the requirements for participation in this Insurance, may continue to be insured for a certain time period. However, for those who, when their land for participation in this Insurance has been expropriated or who have reached agreement on sale, are 65 years of age and have been insured for a total of 15 years shall not be subject to the restriction of the certain period of time for continuing to participate in this Insurance.
With respect to the qualifications of transferees or renters of land and the applicable scale of farmland transferred or rented by units designated by the competent authorities under Subparagraph 3 of the preceding Paragraph, for persons who continue to participate in this Insurance under Subparagraph 4 of the preceding Paragraph, regulations governing their application process, point of time of continued participation, certain time period of continued participation, handling of the termination of their period of continued participation, and other relevant matters shall be stipulated by the central competent authority.
For insured persons who have continued participation in this Insurance under the conditions stipulated in the proviso of Subparagraph 4 of Paragraph 1 prior to the coming into effect of the amendments to this Article of December 7, 2021, in cases in which there are no circumstances which require the person to withdraw from this Insurance after continuing to participate, and whose period of continued participation has not expired prior to the day of the coming into effect of these amendments, these persons shall not be subject to the restriction of a certain period of time for participating in this Insurance.
Article 8
Each insured unit shall effect this Insurance and handle other insurance-related affairs for the farmers who meet the provision of Article 5 in its organizational area, and prepare a roll list for the insurer to check.
Article 9
The insured unit shall, on the very day when examining this Insurance qualifications of the farmers who belong to the establishment, notify the insured persons whether they are covered by this Insurance or not; and the commencement or termination of the effectiveness of insurance shall be counted from the very day when the notice is given. If the insured unit doesn't give such notice to the insured persons on the very day of examination, it shall compensate for the payment paid by the insured persons in accordance with this Act.
Article 9-1
Application forms for effecting or cancellation of this Insurance that are submitted by an insured unit and in which the name is not filled will be rejected. For an application form without the seal of the insured unit or the chairman, or the date of birth or ID card number of the insured person, the insurer shall give a written notice to notify the insured establishment to supplement, and the insured unit shall correct within 10 days commencing from the next day after receipt of the notice.
If the insured unit doesn't correct within the time limit pursuant to the above paragraph, the application will be ignored.
Article 10
If the insured person joins in this Insurance once again after having canceled this Insurance before, the originally insured period shall be counted accumulatively.
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