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Chapter Law Content

Chapter 2 The Beneficiaries and Group Insurance Applicants
Article 5
A dependent prescribed in Subparagraph 2 of Article 2 of the Act refers to a dependent of the insured set forth in Categories 1 to 3 and Category 6. Where the insured is a dependent of a household representative of a deceased veteran’s family, he or she should satisfy the requirements prescribed in Paragraph 1 of Article 10 of the Act:
1. Spouse of the veteran who is not employed.
2. Lineal blood ascendant of the veteran who is not employed.
3. Lineal blood descendants of the veteran within second degree of relationship who are minors and not employed, or who have reached majority but are incapable of making a living, including those who are in school without employment.
Article 6
Incapability of making a living mentioned in Item 3 of Subparagraph 2 of Article 2 of the Act refers to any one of the following situations:
1. Being placed in custody by court orders.
2. Holding a disability identification issued by the social welfare authority and unable to support themselves.
3. Being qualified as severely injured or ill under Article 48 of the Act and unable to support themselves.
Article 7
Those who are in school mentioned in Item 3 of Subparagraph 2 of Article 2 of the Act refer to those who have formal school register and attend either public schools or private schools approved by various levels of competent authorities in charge of education inside the territory of the Republic of China, or attend foreign schools approved by the local competent authorities or professional evaluation organizations outside the territory of the Republic of China.
Article 8
The alien resident certificate prescribed in Article 9 of the Act refers to the resident certificate in the Taiwan area, the resident and entry-exit permit in the Taiwan area, the alien resident certificate, the alien permanent resident certificate, and other certificates for long-term residence in the Taiwan Area recognized by the Competent Authority of this Insurance.
A person staying in Taiwan for six full months prescribed in Subparagraph 1 of Article 9 of the Act refers to a person who has, after entering into Taiwan, stayed in Taiwan for six consecutive months or exited Taiwan once for fewer than 30 days with the actual period of stay amounting to six months after the number of days that he or she has been away from Taiwan is deducted.
People who meet the requirements stipulated in Subparagraph 1 of Article 9 of the Act but are not employed and are unable to subscribe to this Insurance as dependents of the insured shall subscribe to this Insurance as the insured defined in item 2, Subparagraph 6 of Paragraph 1 of Article 10 of the Act.
Article 9
The full-time and regularly paid personnel mentioned in Item 1 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act refer to those who are employed in the government agencies (institutions) or public/private schools, and are qualified to be the insured under the Government Employee and Education Personnel Insurance or the Military Personnel Insurance.
The government employees mentioned in Item 1 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act refer to the civil servants prescribed in the Civil Servants Election and Recall Act.
If the administrator of a local community is not employed, he/she may subscribe to the Insurance pursuant to the provisions for government employee set forth in the preceding paragraph.
Article 10
The employers mentioned in Item 4 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act refer to the owners of private enterprises or persons in charge of managing businesses which hire employees. The self-employed owners of business refer to the owners of or persons in charge of private enterprises without salaried helpers.
Article 11
The professionals and technicians referred to in Item 5 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act mean those who are qualified to practice pursuant to the Professionals and Technologists Examinations Act or other laws.
Article 12
The persons who have no particular employers mentioned in Item 1 of Subparagraph 2 and Item 2 of Subparagraph 3 of Paragraph 1 of Article 10 of the Act refer to those who are from time to time employed within three consecutive months by more than two employers often than those set out in Items 1 to 3 of Subparagraph 1 of the same Paragraph of the same Article, and whose job opportunity, working time, work load, work place, and work salary are not fixed.
Article 13
The self-employed mentioned in Item 1 of Subparagraph 2 of Paragraph 1 of Article 10 of the Act refer to those who undertake labor or skilled work independently for profits without hiring paid personnel for help.
Article 14
Those who are receiving punishments from police mentioned in Item 3 of Subparagraph 4 of Paragraph 1 of Article 10 of the Act refer to those who are accommodated in correctional institutions, hospitals attached to correctional institutions, medical institutions or residential institutions in accordance with court judgments to undertake compulsory labor or receive compulsory treatment, rehabilitation, custody and protection and compulsory cure which are instructed and executed by the prosecutorial authority.
Those who are receiving punishments from military court-martial prescribed in Item 3 of Subparagraph 4 of Paragraph 1 of Article 10 of the Act refer to those who are ordered by the court to receive reformatory education in correctional institutions as protective measures.
Article 15
The insured in Category 5 mentioned in Subparagraph 5 of Paragraph 1 of Article 10 of the Act are members as follows:
1. The head of a household; and
2. Lineal blood relatives and the relatives that have a duty to support each other, while all of them have the same household registration with the head of a household or live together with the head of a household. However, the lineal blood descendants of the head of a household are limited to those who are not yet married.
Article 16
Veterans referred to in Item 1 of Subparagraph 6 of Paragraph 1 of Article 10 of the Act refer to those who hold Honorary Citizen Certificate or Patriot Certificate issued by the Veterans Affairs Council.
A dependent of a household representative of a deceased veteran’s family prescribed in Item 1 of Subparagraph 6 of Paragraph 1 of Article 10 of the Act refers to a person who holds a certificate of household representative of survivors of veterans issued by the Veterans Affairs Council.
Article 17
The insured who have two or more qualifications in the same category pursuant to the provisions of Article 10 shall subscribe to the Insurance according to the qualification of their principal jobs.
Article 18
Where a beneficiary is a dependent of more than two of the insured, and has no circumstance set forth in Article 12 of the Act where the beneficiary has difficulty to subscribe to or withdraw from the Insurance together with the insured, such beneficiary shall subscribe to the insurance with one of the insured according to the following order:
1. Spouse or a lineal blood relative within the first degree of relationship;
2. Lineal blood relative within the second degree of relationship;
3. Lineal blood descendant above the three degree of relationship.
The circumstances where it is difficult for dependents to subscribe to or withdraw from the Insurance together with the insured set forth in Article 12 of the Act are defined as follows:
1. Raised by the grandparent, because parents are divorced, separated, missing, or did not fulfill their child raising obligation.
2. Supported by the grandchildren, because the children are missing or did not fulfill their obligation in supporting their parents.
3. Illegitimate children born out of wedlock, who are raised by their grandparents.
4. Domestic violence victims holding court protection order or other certifications issued by relevant law enforcement or administrative agencies, or holding relevant certificates certified and issued by the Insurer.
5. Other circumstances recognized by the Competent Authority.
In the case that a beneficiary has any of the circumstances in the preceding Paragraph and does not have any of the insured to subscribe to or withdraw from the Insurance together, such beneficiary shall subscribe to the Insurance under Category 6.
Article 19
For the insured defined in Items 1 to 3 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act, who are suspended from job without pay for cause may continue their insurance at the same level of the original insured amount through the original group insurance applicant, subject however to the latter’s consent. The insured shall pay the group insurance applicant for the share of premium they shall bear monthly to the group insurance applicant, which shall forward the premium to the Insurer along with their own shares.
The insured, who apply for unpaid leaves for the reason of caring children under the Gender Equality in Employment Act and continue their insurance with their original group insurance applicants, shall maintain their insurance at the same level of their previous insured payroll-related amount. For the share of premiums they shall bear, the Insurer shall send the insured a notice of payment under Article 49.
The level of the insured amount described in the preceding two paragraphs shall not be lower than the lowest level set out in the Insured Amount Grading Table.
Article 20
If a beneficiary undertakes short term work for less than three months, without losing his/her original coverage status, he/she may continue the coverage under his/her original status.
Article 21
The lineal blood descendants within second degree of relationship of the insured, who have reached majority and are not employed, may subscribe to this Insurance as dependents, if they satisfy any of the following conditions:
1. Newly graduated from school, who may then be insured for one year from the end of the relevant academic year.
2. Discharge from compulsory military service or from military-substitute service, or have completed military training, who may then be insured for one year from the date of discharge or the date of completion of military training.
Article 22
An insured person who meets one of the following qualifications specified in Item 2 of Subparagraph 6 of Paragraph 1 of Article 10 of the Act may register in this Insurance through his/her original group insurance applicant upon the consent of the original group insurance applicant, provided that the insurance premium shall be calculated separately according to Article 23 and Subparagraph 7 of Article 27 of the Act:
1. A retired person
2. A person who voluntarily continues the labor insurance in accordance with Article 9-1 of the Labor Insurance Act
3. An initially group insured person who has to move out of its current registered residence and is sent overseas by the employer.
Article 23
If the insured referred to in Item 2 of Subparagraph 6 of Paragraph 1 of Article 10 of the Act who establish domicile at religious institutions which are registered with the authority according to the Household Registration Law may use those religious institutions or local religious associations as their group insurance applicants.
Article 24
The provision of Subparagraph 1 of Paragraph 1 of Article 15 of the Act that indicates the insured’s associated organizations to be the group insurance applicants shall be applied to independently practicing professionals and technicians in such a way as to refer to the associations in which the insured hold memberships.
The insured’s village (township, municipal, district) administration offices of their registered domicile being the group insurance applicants under Subparagraph 4 of Paragraph 1 of Article 15 of the Act shall be referred to the village (township, municipal, district) administration offices of the resident address indicated in the alien resident certificate when the above article applies to the beneficiary prescribed in Paragraph 1 of Article 9 of the Act.
A beneficiary under Category 6 who meets the requirements set by Subparagraph 1 of Article 9 of the Act may subscribe to this Insurance through an agency, a school, or an institution being the group insurance applicant, subject to the consent of the agency, the school, or the institution that are permitted by the Insurer.
Article 25
For the beneficiary who subscribes to the insurance according to Paragraph 2 of Article 15 of the Act, the premium shall be paid by the co-habiting insured in another category.
Article 26
For the beneficiaries in Category 6 whose group insurance applicants are the training institutions or agencies under Paragraph 4 of Article 15 of the Act, their premiums shall be calculated according to the rules stipulated in Article 23 and Subparagraph 7 of Article 27 of the Act.
The above-mentioned beneficiaries may stay in their group insurance applicants in the case that the length of their training does not exceed three months.
Article 27
The group insurance applicants under Article 15 of the Act shall complete and submit to the Insurer one copy of the Group Insurance Applicant Establishment Report Form and another copy of the Beneficiary Coverage Application Form.
Except the government authorities, public schools and publicly owned enterprises, the group insurance applicants shall prepare copies of identification cards of the responsible persons and the following documents:
1. In case of factories : the documents related to the factories’ registrations.
2. In case of mining industry : the mine industry registration certificate.
3. In case of salt field, farm, ranch, forest, tea plantation : the registration certificate.
4. In case of transportation industry : the transportation approval certificate or relevant documents.
5. In case of privately-run public utilities : the business license, or relevant documents.
6. In case of company or stores : the company registration documents or business registration documents.
7. In case of private school, media, cultural, public interest, and cooperative business enterprises as well as agricultural, fishery, and occupational associations : the approval or registration documents.
8. In case of employer defined in Item 3 of Subparagraph 1 of Paragraph 1 of Article 10 of the Act : the employment contract or other evidential documents.
9. In case of the group insurance applicant other than the ones listed from Item 1 to the preceding item : the approval or registration documents issued by the competent authority of their principal business.
The group insurance applicants are deemed to have completed all required filing procedures on the date they submit Application Forms and copies of evidential documents to the Insurer according to the preceding two paragraphs.
The Application Forms and copies of evidential documents prescribed in Paragraph 1 and Paragraph 2 may be exempted if the applicants apply for establishing group insurance applicants via the “one-stop online applications to start a business”.
Article 28
The group insurance applicants shall prepare the following documents for interviewing or inquiry by the competent authority, or the Insurer for business needs:
1. The group insurance applicants of the insured in Category 1 shall prepare the name lists (cards) of their employees or members, attendance records, salary charts, and other salary information.
2. The group insurance applicants of the insured in Category 2 and Category 3 shall prepare the name lists (cards) of the insured and their dependents, the account books of receiving the premiums for the Insurance, and the certificates for the special accounts opened under Article 51.
3. The group insurance applicants of the insured in Category 4 shall prepare the name lists (cards) of the insured. The group insurance applicants of the insured in Categories 5 and 6 shall prepare the documents related to the beneficiary’s enrollment and disenrollment status.
The name lists (cards) of employees or members referred to in the Subparagraphs 1 and 2 of the preceding paragraph shall record the following items:
1. The names, sex, date of birth, national identification numbers and address of the insured and his/her dependents.
2. The date when the insured begins his/her employment, or join the association or his/her eligibility for subscription to the Insurance is approved.
3. Position, working hour and salary or income of the insured.
4. The period of time when the insured suspends himself/herself from job without pay.
The group insurance applicants shall keep the information of the preceding two paragraphs for five years from the date the insured terminate employment, withdraw from association or terminate insurance coverage.
The citizen identification card prescribed in Paragraphs 1 and 2 may be substituted by the resident certificate in the case of the beneficiaries prescribed in Article 9 of the Act.
Article 29
In case the beneficiary is in any one of the following circumstances, the group insurance applicant shall complete and submit in three days one copy of the Insured Coverage Application Form to the Insurer in order to process insurance coverage:
1. The circumstances contemplated in Articles 8 or 9 of the Act;
2. Change of group insurance applicant; or
3. Change of insurable status.
Article 30
In case the lineal blood descendants within second degree of relationship of the insured, who have reached majority but are incapable of making a living or are in school and not employed, the group insurance applicants shall, by the end of the month when they reach majority, complete one copy of the Continuing Insured Coverage Application Form to the Insurer for continuing coverage.
Article 31
For those insured applied unpaid leaves for the reason of caring children and continue their insurance with their original group insurance applicants, the group insurance applicants shall fill out a form applying for continuing enrollment and change of status and supply relevant documents to the Insurer. The procedure shall be renewed as the period of the unpaid leaves for raising children is extended after expiry, or when the insured resume their jobs before the end of the unpaid leaves.
Article 32
The term “missing” referred to in Article 13 of the Act means missing, untraceable, or persons in search that are registered in police agencies or immigration agencies.
The beneficiary may cease to be covered from the date of occurrence of the disaster which caused his/her being missing.
Article 33
The start of the insurance coverage mentioned in Article 14 of the Act refers to 12 a.m. of the date when the term or cause stipulated in Article 8 or 9 of the Act is in effect; the termination of insurance coverage refers to 24 p.m. of the date when the term or cause stipulated in Article 13 of the Act is in effect.
The aforementioned provision is applicable in the case of resumption and suspension of coverage.
Article 34
The reason for withdrawal from coverage referred to in Paragraph 6 of Article 15 of the Act can be any one of the following:
1. Change of group insurance applicant;
2. Change of insurable status;
3. Death; or
4. The condition or cause set out in Article 13 of the Act.
Article 35
In the case that a beneficiary meets one of the conditions in the preceding Article, the group insurance applicant shall complete and submit one copy of the Insurance Withdraw Coverage Application Form to the Insurer for termination of coverage within three days, and at the same time provide a copy to the beneficiary.
Article 36
In the case that the insured should withdraw from the insurance in accordance with Article 13 of the Act but the original group insurance applicant failed to withdraw the insured from coverage, the Insurer may process the insurance withdraw procedure in accordance with the information provided by the relevant competent authority, and simultaneously inform the original group insurance applicant and the insured. However, for those who are obviously difficult to be contacted with, they are excluded from this provision.
Article 37
In any one of the following circumstances, the beneficiary may apply for suspension of coverage through the group insurance applicant which shall complete a Suspension of Coverage Application Form and submit it to the Insurer with payment of premium temporarily suspended during the period when the beneficiary is missing or abroad while the insurer should also temporarily suspend benefits for the beneficiary:
1. Missing for less than six months.
2. Scheduled to stay overseas for over six months. However, any person who has suspended insurance coverage due to traveling abroad is only permitted to re-apply for suspension of coverage three months after such person resumes the coverage after returning to Taiwan.
In the case of the first circumstance set forth in the preceding paragraph, suspension of coverage begins from the month when the beneficiary is missing. In the case of the second circumstance, suspension of coverage begins from the month when the beneficiary travels abroad. However, if the application for suspension of coverage is not made prior to the beneficiary’s departure, the suspension of coverage begins from the month when the Insurance Coverage Suspension Application Form is delivered to the Insurer.
Article 38
In the case that the insured suspends coverage, his/her dependents shall proceed according to the following rules:
1. In the case that the insured suspends coverage according to Subparagraph 1 of Paragraph 1 of the preceding Article, his/her dependents shall apply for coverage based on other status.
2. In the case that the insured suspends coverage according to Subparagraph 2 of Paragraph 1 of the preceding Article, his/her dependents shall apply for coverage based on other status. However, they may continue subscription to the Insurance with the original group insurance applicant, subject to the original group insurance applicant’s consent, or, if they originally subscribed to the Insurance as dependents of the insured in Category 6.
Article 39
The beneficiaries shall proceed in the following manner after the ground for suspension of coverage ceases to exist:
1. For a missing person who has been missing for less than six months is found within six months, the suspension of coverage shall be revoked upon the day when such person is found and the premium shall be paid up. Those who have been missing for over six months and cannot be found shall proceed with coverage withdrawal procedure, effective retrospectively from the day when coverage was suspended.
2. A person who is scheduled to travel abroad for over six months shall resume coverage from the date of returning to Taiwan. However, a person who travels overseas for less than six months and returns to Taiwan at an earlier date shall revoke coverage suspension upon the day when he/she arrives at Taiwan and make up the premium payment.
Where a government employee overseas and his or her spouse and children who suspended coverage due to overseas assignment return to Taiwan for official duty for less than 30 days and hold a supporting document issued by the authority with which he or she is employed, such employee may be exempted from terminating the suspension and resuming coverage as required under Subparagraph 2 of the preceding paragraph. However, the time such employee stays in Taiwan may not be included in the calculation of the time that he or she spends abroad.
In the case that the beneficiary prescribed in Subparagraph 1 applies for resumption of insurance, the group insurance applicant shall complete and submit a coverage resumption form to the insurer. After the resumption of coverage is approved, an application can be made to the insurer for the refund of the supplementary insurance premium which was deducted during the period of the suspension of the coverage.
In the case that a person suspended the coverage according to Subparagraph 2 of Paragraph 1 of Article 36 prior to the enforcement of the amendments to these enforcement rules on January 1, 2013, his or her suspension of coverage, termination of the suspension or resumption of coverage shall be governed by the original provisions. However, the amendments shall apply if the circumstance satisfies the requirements set forth in Paragraph 2.
Article 40
For change or correction of the insured’s name, birthday, National ID Number, or Resident Certificate Uniformed ID Number, or change of postal address or household registration address declared by the insured in Category 6, the group insurance applicant shall fill out a copy of item change application, and hand in the application to the Insurer along with relevant certification.
Article 41
If any of the circumstances stipulated in Articles 21, 29, 30, 35 and the preceding article occurs to the insured, the insured shall notify the group insurance applicant immediately.
Article 42
Where there is any change in the name, responsible person, address or postal address, the group insurance applicant shall complete one copy of the Insured Unit Modification Application Form and submit it to the Insurer along with relevant supporting documents within 15 days.
Article 43
The group insurance applicant shall notify the Insurer in writing and submit relevant documents to proceed with the rearrangement procedure of its beneficiaries within 15 days from its closedown, suspension, dissolution, or abolition.
The group insurance applicant that resumes its business after closing down shall notify the Insurer in writing and submit relevant documents to proceed with the rearrangement procedure of its beneficiaries within 15 days.
Article 44
The Insurer may discharge group insurance applicants in cases of their suspension, dissolution, declaration of bankruptcy, or have no insured person for over 180 days, or of their failure to pay overdue premiums or overdue surcharges, even after their property has been subject to enforcement according to the law. The calculation of payable premium shall be based on the date in which the event occurred. In cases where the date of occurrence is unclear, the calculation of payable premium will be based on the date determined by the Insurer.
Under such cases as referred to in the preceding Paragraph, the beneficiaries of group insurance applicants shall switch to other group insurance applicants so as to subscribe to the Insurance with appropriate status.