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

Print Time:2024/12/05 03:31
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Chapter Law Content

Chapter Ⅲ Contribution and Claim for Individual Account of Labor Pension
Article 15
Labor Pension contributions made in accordance with Paragraphs 1 to 3 to Article 14 of the Act shall be determined and reported by the employer or the commissioned unit to the Bureau based upon employees' monthly wage earnings as stipulated by the Monthly Contribution Classification Table.
For workers without fixed wages, the average pay of the three most recent months shall be reported.
The wages of workers with similar duties shall be applied as the standard for new employees whose pay is not yet finalized.
For workers to whom the Act applies and who are also covered by the Labor Insurance or National Health Insurance, excluding those with wages below the lower limit specified in the Classification Table for Labor Insurance Enrollment, the monthly amount to be appropriated may not be lower than the amount appropriated for the Labor Insurance or National Health Insurance.
Article 16
Employers shall file with the Bureau of Labor Insurance the monthly rates of Labor Pension contribution they are responsible for different workers and appropriate the contributions each month accordingly.
When employers do not file the contribution rates for the personnel described in Paragraph 1 to Article 7 or the rates filed are below 6%, such rates shall be calculated as 6%.
Article 17
Employers who wish to apply for initiation or termination of contributions to labor pension must complete an application that is to be submitted to the Bureau.
For those who do not complete the preceding steps of the application, the Bureau shall either begin or terminate collection of labor pension, temporarily using the starting and ending dates of effectiveness on the labor insurance, employment insurance or withdrawal of insurance or employment insurance and set the monthly rate according to the labor insurance premium rate or national health insurance from the counting of labor pension.
Article 18
In the event that the relevant documentation submitted for application of labor pension by the employer is incomplete or erroneous, the employer must make the necessary corrections within ten days upon receipt of notice from the Bureau.
Article 19
In the event that an employee or a commissioned worker's name, birth-date or national identification serial number or Alien Resident Certificate number has been altered or incorrectly registered, the employer or the commissioned unit must complete the application to change employee records and submit a copy of his/her national identification card, Alien Resident Certificate, or equivalent personal identification documents to the Bureau in order to make the necessary changes.
Should employers fail to complete the procedure specified in the preceding paragraph, the Bureau of Labor Insurance may make corrections according to the changes indicated in the insured person's Labor Insurance or Employment Insurance information or registration information at relevant agencies.
Article 20
Employers who engage in labor work and choose to appropriate their pension contributions shall process such contributions along with those for their employees.
Article 21
When the personnel specified in Paragraph 1 and Subparagraphs 3 and 4 of Paragraph 2 of Article 7 of the Act choose to have their pension contributions appropriated according to Paragraph 3 of Article 14 of the Act, the employer or commissioned unit shall fill out the application form to notify the Bureau of Labor Insurance. The employer or commissioned unit shall also withhold the contributions from employee wages to pay to the Bureau of Labor Insurance along with the amount for which the employer is responsible.
When terminating payment of pension contributions, the personnel described in the preceding Paragraph shall notify the employer or commissioned unit to have the Pension Contribution Payment Termination Application Form filled out and submitted to the Bureau of Labor Insurance to process the termination.
When those who have chosen to pay their pension contributions in the manner described in Paragraph 3 or 4 of Article 14 of the Act fail to pay their contributions before the deadline due to causes attributable to themselves, such failure shall be regarded as indicating termination of the contribution payments.
Article 21-1
Self-employed workers applying to pay pension contributions according to the Act shall fill out the Self-employed Workers' Voluntary Pension Contribution Payment Application Form and the Pension Contribution Transfer Authorization Agreement and submit them to the Bureau of Labor Insurance along with a photocopy of their National ID or Alien Resident Certificate.
When changes or errors occur to the name, date of birth, National ID number or Alien Resident Certificate number, registered domicile, or contact address of a self-employed worker, such self-employed worker shall submit a photocopy of his or her National ID or Alien Resident Certificate to the Bureau of Labor Insurance to have the correction processed.
Article 22
The worker pension contribution payment form shall be issued on a monthly basis. Each month is calculated as 30 days.
The NT dollar shall be the unit of pension contributions to be appropriated by employers for their employees. Decimals shall be rounded up.
The Bureau of Labor Insurance shall post mail or send by electronic means the payment slip with the amount on the 25th of the following month for the pension contributions employers must make.
The three preceding paragraphs shall apply when a commissioned unit pays pension contributions for commissioned workers.
Article 23
To contribute to the pension, the employer or commissioned unit should bring the payment statements to designated financial institutions for submission or arrange for automatic bank account transfers for payment.
The Bureau of Labor Insurance shall calculate before the 25th of the following month the pension contributions to be paid by self-employed workers each month; the amount shall be deducted before the end of the next following month from the account the self-employed workers have authorized automatic transfer at a financial institution.
Article 24
In the event that an employer has not paid the amount specified on the payment statement, the Bureau shall directly distribute proportionately the amount paid by the employer among each employee .
Article 25
If the payment sum on the pension statement does not correspond with the sum provided by the employer, the employer shall first pay for the amount that appears on the statement and then notify the Bureau of the need for adjustment. Following inspection and clarification by the Bureau, the adjustment will be made during the next payment period.
Article 26
If an employer has not received the labor pension statements distributed by the Bureau by the fifteenth day of the month, the Bureau shall be notified to resend replacement statements.
Article 27
In the event that a business entity ceases operation, dissolves, declares bankruptcy or no longer remains in business and no longer employs employees, calculations of its outstanding pension fund payments and additional fines for late payment shall commence from the confirmed date of the occurrence of the above-mentioned events. If this date is indeterminable, the date given by the Bureau shall be used.
Article 28
For employers who notify and apply with the Bureau for ceasing the contributions to labor pension in accordance with Article 18 and Paragraph 1 to Article 20 of the Act, the portion of voluntary contributions shall also cease.
Article 29
Employers shall inform their employees of their monthly contribution to labor pension by listing payments on their salary statements or in other written form or by electronic means. Those who contribute voluntarily shall also be informed of their payment sums with a receipt at the end of the year.
Article 30
(Deleted)
Article 31
The terms life chart of annuity, average life expectancy, interest rate and amount calculations referred to in Subparagraph 1, Paragraph 1 to Article 23 of the Act shall be prescribed by the Bureau and submitted to the Central Competent Authority for approval and promulgated be subject to review on a triennial basis.
Article 32
The return on the Labor pension fund during the period of its uniform management and utilization will not be lower than the interest of the local bank’s two-year Time Deposit rate according to Paragraph 2 of Article 23 of the Act, which means the accumulated returns from the beginning date of contribution to the date of applying for pension payment according to law will not be lower than the accumulated interest calculated at the annual average rate of the local bank’s two-year Time Deposit rate in the same period.
The two-year Time Deposit rate of local banks mentioned in the preceding Paragraph refers to the calculated annual average rate derived from the fixed interest rates on two-year Time Deposit posted at the beginning of each month by the six major banks: the Bank of Taiwan Co., Ltd., First Commercial Bank of Taiwan Co., Ltd., Taiwan Cooperative Bank Co., Ltd., Hua Nan Bank Co., Ltd., Land Bank of Taiwan Co., Ltd., and Chang Hua Bank Co., Ltd.
The Bureau of Labor Funds, Ministry of Labor (hereinafter "the BLF") shall announce the average annual interest rate of the preceding item on a monthly basis as the minimum guaranteed rate of return for the month.
Article 33
For employees applying to receive monthly pension payments, in the event that the sum of a monthly contribution to their individual accounts just misses the designated date of deposit, it shall be counted as having contributed for the time being. For those who fail to contribute into their individual pension account, the difference shall be subtracted from their monthly pension payment.
For those who are receiving their pension payment in one lump-sum payment of retirement, the payment shall be the sum of the principal of their pension fund for the month in which the fund is disbursed. As for subsequent pension contributions, the Bureau shall disburse to the employee without further notification.
Article 34
The sum of the dividends accrued by the time a worker, his/her survivors(s), or designated person(s) applies for pension payment, in addition to the dividends that have already been allocated into the pension account, and dividends from any remaining unallocated periods, will be allocated according to the nearest monthly rate of return announced by the BLF to calculate dividends up to the month when the application is submitted.
The rate of return mentioned in the preceding paragraph shall be calculated to the fourth digit after the decimal point.
Article 35
Seniority stated in Paragraph 1 to Article 24 and Paragraph 1 to Article 24-2 shall be calculated according to the number of months for which the pension contributions have actually been paid.
Workers participating in the annuities insurance of the Act are required to transfer the entire policy value reserve of the annuities insurance to the designated individual pension account to have their years of service before and after the transfer calculated together.
Article 36
(Deleted)
Article 37
Workers applying for the worker retirement pension according to Paragraph 1 of Article 28 of the Act shall fill out the Worker Retirement Pension Application Form.
Workers applying for the worker pension according to Paragraph 1 to Article 24-2 shall fill out the Worker Pension Application Form; those applying according to Subparagraph 3 of Paragraph 1 of the same article shall also submit photocopies of the front and back of the Severe Disability Certificate.
Applicants for the worker pension as stated in the two preceding paragraphs shall also submit identification documents if they do not have household registration in the country.
Article 37-1
Article 25 of this Act stipulates that if an employee applies for monthly pension based on this Act, the entire sum accumulated in his or her personal retirement account, calculated based on Subparagraph 1, Paragraph 1 of Article 23 of this act, shall be paid to the employee.
When issuing monthly pensions according to Article 24-2 of the Act, the Bureau of Labor Insurance shall apply the length of time determined by monthly pension applicants as the basis for calculating the monthly pension specified in Subparagraph 1, Paragraph 1 of Article 23 of the Act.
The unit of the length of time noted in the preceding Paragraph shall equate to the number of years worked, and that length of time shall be rounded to a whole number. Once pensions are issued, no changes may be made.
Article 38
Survivors of workers or designated applicants applying for labor pensions according to Article 28 of the Act shall fill out the Worker Survivor or Designated Applicant Labor Pension Application Form and submit it along with the following documents:
1. A photocopy of household registration booklets with indication of the worker's date of death,, clinical record of death, state prosecutor's autopsy report, the declaration of death, or related proof documents or death certificate;
2. For applicants who are not registered under the same household as the worker, copies of the household registration or other proof documents capable of proving the relationship between the applicant and the worker;
3. Photocopies of identification documents and the will for applicants designated in the will.
If there are two or more designated applicants, the application shall be filed in accordance with Paragraph 2 of Article 27 of the Act. If pension distribution is indicated in the will, the applicants shall divide the pension on their own.
Article 39
In the event that a worker, his/her survivors(s), or designated person(s) reside abroad or cannot return to claim their pension payment, they may claim through power of attorney at R.O.C. embassies, consulates, representative offices abroad, or through other agencies authorized by the Ministry of Foreign Affairs (hereinafter as "overseas missions") of the Republic of China, or present personal identification documents from their country of residence to arrange for payments.
The power of attorney instrument and the personal identification documents mentioned in the preceding Paragraph should include a Chinese translation to be authenticated by an overseas mission of the Republic of China. Translations that are not authenticated shall be notarized by a court or notary public of the R.O.C. However, if the power of attorney and identification documents are in English, the Chinese translation may be waived unless the Bureau of Labor Insurance deems it necessary to provide a translated version.
The persons claiming for pension payments referred to in Paragraph 1 of this Article who are People of the Mainland Area and cannot claim for their pension payments in person may do so through power of attorney, which should include personal identification documents. The instrument of the power of attorney and personal identification documents shall be notarized on the mainland and confirmed by an institution approved by the R.O.C. government.
Article 40
The monthly pension payments stipulated in Paragraph 2 to Article 28 shall be disbursed on a fixed seasonal basis. The dates of dispersion are set as the following:
1. Monthly pension payments due in January through March shall be disbursed before the end of February.
2. Monthly pension payments due in April through June shall be disbursed before the thirty-first of May.
3. Monthly pension payments due in July through September shall be disbursed before the thirty-first of August.
4. Monthly pension payments due in October through December shall be disbursed before the thirtieth of November.
For those who are entitled to receive their first monthly pension payment following approval by the Bureau, payments shall commence on the first month following receipt of their applications.
Article 41
Pension payments that are to be distributed as stipulated in Paragraph 2 to Article 28 of the Act shall be transferred into individual bank accounts set-up in the name of employees or their survivors or designated persons. In the event that the personal bank accounts are based overseas, any additional handling fees are borne by the beneficiaries.
Article 42
Employees deemed to be ineligible to receive pension payments by the Bureau have thirty days upon receipt of notice to return the entirety of the pension payments they have received. If the pension payments are not returned on time, an additional late fee penalty must be charged.
Article 43
(delete)
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