Chapter Ⅳ Pension Payment under Annuity Insurance
Article 38
Insurers shall prepare and issue a written explanation on annuity insurance rights and interests to the applicants by the end of February of each year. If the applicants are employers, the employers shall forward such written explanation to the workers or commissioned workers within 10 days from receipt.
The written explanation referred to in the preceding Paragraph shall include the following matters:
1. Basic personal information of workers or commissioned workers: Name, national identification number, resident certificate number, sex/gender, date of birth, date of employment;
2. Effective date of annuity insurance contract, date on which workers are eligible to claim pension payment under the annuity insurance, and the accumulated years of premium payment;
3. Total accumulated payable and paid premium amounts as of the previous year;
4. Amount of policy value reserve as of the previous year;
5. Relevant information of investment returns as of the previous year; and
6. The guaranteed return and actual return rates as of the previous year.
If any worker or any commissioned worker raises any question to the employer in connection with the written explanation referred to in the preceding Paragraph, the employer shall ask the insurer to reply regarding its handling within 15 days.
Article 39
When a worker transfers the cashed-out pension payment to the annuity insurance in accordance with Paragraph 1 of Article 12 of the Implementation Rules of the Act, or when the worker transfers the principal and return of his/her individual pension fund account or the policy value reserve of the annuity insurance in accordance with the provision of Article 14 of the Implementation Rules of the Act, the BLI and the insurer shall expressly record his/her seniority, period of payment, transfer date and amount, and separately issue a certificate to the worker.
Article 40
Where a worker applies to the insurer for transferring the policy value reserve of annuity insurance to his/her individual pension fund account in accordance with Paragraph 2 of Article 14 of the Implementation Rules of the Act, the insurer shall submit to the BLI the information of the amount of the worker's policy value reserve cashed-out/settled, the period of the annuity insurance premium payment, and the date of transfer.
If the policy value reserve cashed-out in accordance with the preceding Paragraph does not reach the average return rate under Paragraph 3 of Article 35 of the Act, the insurer shall make up the difference. The insurer shall deliver a written breakdown for the settlement of policyvalue reserve to workers.
If any worker raises any question with respect to the settlement of policy value reserve referred to in the preceding Paragraph, the insurer shall be responsible for explanation. In case of any shortfall, the insurer shall make up the difference.
Article 41
Where a worker transfers the policy value reserve of annuity insurance to his/her individual pension fund account in accordance with Paragraph 2 of Article 14 of the Implementation Rules of the Act, or where the worker applies for pension payment of annuity insurance in accordance with Article 42 herein, the seniority of the worker shall be calculated based on the number of months in which the employer actually pays the annuity insurance.
For workers who transfer the full amount of the principal and accumulated returns in their individual pension fund accounts to annuity insurance, their seniority shall be combined for calculation purposes.
Article 42
The age provided in the annuity insurance contract for workers to claim annuity insurance payment under the annuity insurance shall not be less than 60. However, this does not apply to workers who meet the conditions stipulated in Paragraph 1 of Article 24-2 of the Act.
The annuity insurance contract shall stipulate the following terms and conditions for workers claiming annuity payment:
1. Workers who reach the age of 60 with seniority of fifteen years or more may choose to receive either monthly annuity payments or a lump-sum payment; workers whose seniority is less than fifteen years shall claim for a lump-sum payment.
2. Workers who have not reached the age of 60 but meet any condition stipulated in Paragraph 1 of Article 24-2 of the Act, and have seniority of 15 years or more shall apply for monthly annuity payments or a lump-sum payment; workers with less than 15 years of seniority shall apply for a lump-sum payment.
The annuity insurance contract may provide that when a worker dies, his/her designated beneficiary(ies) shall apply for the insurance payment; in the absence of the designation, his/her survivor(s) shall apply for payment of the accumulated policy value reserve.
Article 43
The right of a worker, his/her survivor(s) or designated beneficiary(ies) to apply to the insurer for pension payment shall be extinguished if it is not exercised within 10 years from the date on which he/she is entitled to apply for the payment.
Article 44
If the pension payment under the annuity insurance is on monthly basis, the insurers shall make payment at least every 3 months.
The insurer shall make first payment of the monthly pension referred to in the preceding Paragraph from the month following receipt of the application.
Article 45
Those applying for lump-sum pension payment, the insurer shall make payment within 30 days from receipt of the application.
Article 46
Workers applying to the insurers for the payment under the annuity insurance shall file an application along with the following documents:
1. Photocopy of the account [book] opened with financial institutions in the workers' own name;
2. Photocopy of identification card or household register.
In addition to the prescribed documents of the preceding Paragraph, workers who meet any of the conditions stipulated in subparagraph 1 or 2, Paragraph 1 of Article 24-2 of the Act shall submit proofs of the labor insurance payment or national annuity insurance payment that have already received; workers who meet any of the conditions stipulated in subparagraph 3, Paragraph 1 of Article 24-2 of the Act submit photocopies of the front and back covers of their handbooks (certificates) for severely or higher level of mental and physical disability.
Article 47
Upon the death of a worker, his/her designated beneficiary(ies) or survivor(s) who applies (apply) to the insurer for the policy value reserve shall file an application along with the following documents:
1. Photocopy of the account [book] opened with financial institution in the name of the designated beneficiary(ies) or survivor(s);
2. Household register of all registered members containing the date of death of the worker, certificate of medical diagnosis on death, certificate of autopsy issued by prosecutor, or judgment for declaration of death;
3. Where the applicant is not in the same household as the worker, relevant household register proving his/her identification and relationship; and
4. Photocopies of identification certification document(s) to be submitted by the designated beneficiary(ies) or survivor(s).
Article 48
In the event that a worker, his/her survivor, or designated beneficiary resides abroad and cannot return to claim pension payment, he/she may claim with a power of attorney, along with proof of identification from the country of residence or documents from the overseas representative office of the Republic of China to arrange for payments.
The power of attorney and proof of identification referred to in the preceding Paragraph should include a Chinese translation to be authenticated by the overseas representative office of the Republic of China. Translations that are not authenticated shall be notarized by a court or notary public of the Republic of China. However, if the power of attorney and identification documents are in English, the Chinese translation may be waived unless the Insurers deems it necessary to provide a translated version.
If the persons claiming pension payments referred to in Paragraph 1 of this Article are people of mainland Area and cannot claim their pension payments in person, they may do so through power of attorney, which should include personal identification documents. The power of attorney and personal identification documents shall be notarized in mainland China and confirmed by a related institution approved by the Republic of China.