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

Print Time:2024/11/22 11:59
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Chapter Law Content

Chapter 6 Supplementary Provisions
Article 102
Unless otherwise provided in the Act the Labor Insurance Act and relevant regulations apply mutatis mutandis to tax exemption, insurance premium exemption, non-payment for the intentional incident, intentional non-payment for an intentional criminal offense, condition for collection of insurance benefit by foster children, the scope of inability to earn a living, adjustment of pension amount in accordance with the consumer price index, fund management and utilization under the Act.
Article 103
When an insured person under labor insurance suffers injury, sickness, Permanent disability or death insured incident due to an occupational accident occurring before the implementation of the Act, if the insured person or the beneficiary has filed for insurance benefit in accordance with the Labor Insurance Act, the insurance benefit for the same insured incident shall still be governed by the provisions of the Labor Insurance Act. If the application is not yet filed and the statute of limitation to seek such benefit has not yet expired according to the Labor Insurance Act, a choice may be made to seek insurance benefit under the Act or the Labor Insurance Act.
If the choice is made to seek insurance benefit in accordance with the Act in accordance with the second part of the previous paragraph and if the statute of limitation under the Labor Insurance Act has not yet expired, the period that has lapsed and the statute of limitation after the implementation of the Act shall be calculated on a combined basis.
After the insured person or beneficiary chooses in accordance with the first paragraph, no change shall be made after approved payment by the insurer.
Article 104
When an insured person under labor insurance suffers injury, sickness, Permanent disability or death insured incident due to an occupational accident occurring before the implementation of the Act and meets one of the following conditions for subsidy application, it shall be handled in accordance with the provisions of the Act for Protecting Worker of Occupational Accidents before the implementation of the Act.
1.Occupational accident benefit is already collected in accordance with the Labor Insurance Act before the implementation of the Act.
2.A choice is made according to the first paragraph of the previous article to collect occupational accident benefits according to the Labor Insurance Act.
When an insured person under labor insurance chooses to collect insurance benefits in accordance with the Act under the first paragraph of the previous article, it shall not seek subsidy in accordance with the Act for Protecting Worker of Occupational Accidents before the implementation of the Act.
Article 105
A worker not participsting in the labor insurance scheme suffers an occupational accident before implementation of the Act shall seek subsidy in accordance with the Act for Protecting Worker of Occupational Accidents before the implementation of the Act.
Article 106
Before the implementation of the Act, if there are any of the following events, the competent authority shall still follow the Act for Protecting Worker of Occupational Accidents and relevant regulations after the implementation of the Act:
1.Determination or appraisal of occupational disease is already done in accordance with Article 11 or 13 of the Act for Protecting Worker of Occupational Accidents and the procedure is not yet completed.
2.Application for subsidy by the enterprise, occupational training institution or relevant organization has been filed in accordance with Article 10 or 20 of the Act for Protecting Worker of Occupational Accidents and the procedure is not yet completed.
Unless otherwise provided by the Act, starting from the date of implementation of the Act, the Act for Protecting Worker of Occupational Accidents is no longer applicable.
Article 107
Unless otherwise provided in the Act, starting from the date of implementation of the Act, subparagraph 2 of Article 2, third to the sixth paragraphs of Article 13, subparagraphs 1 to 4 of Article 15, fifth and sixth paragraphs of Article 19, the first paragraph of Article 20, Article 20-1, Article 34, Article 36, Articles 39 to 52, Article 54 and Article 64 of the Labor Insurance Act about occupational accident insurance shall no longer be applicable.
Article 108
The enforcement rules of the Act shall be established by the central competent authority.
Article 109
The enforcement date of the Act shall be determined by the Executive Yuan.
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