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Chapter Law Content

Title: National Pension Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Insurance Payment
Section 2 old age Pension Payment and maternity payment
Article 29
The insured person or the one who participated in the Insurance before will be entitled to apply for old age pension payment when he or she aged 65 or above.
Article 30
Old age pension payment will be calculated based on the most advantageous method of the below:
1. Monthly insured amount times insurance period times 0.65% and then added NT3,000 dollars to the result.
2. The amount of monthly insured amount times insurance period times 1.3%.
Calculation in the subparagraph 1 of the previous paragraph is forbidden if one of the following conditions is met:
1. Period of unpaid premium is not included in the insurance period.
2. Recipient of related social welfare allowances
3. Recipient of old age benefit of related social insurances. But the insured person under Article 7, subparagraph 2 and subparagraph 3 receives the following payment is not included.
(1). The insured person receives only old age benefit of the labor insurance.
(2). The insured person receives discharge payments of military personnel insurance or old age insurance benefits of Civil Servant and Teacher Insurance, the amount of NT$3,000 monthly base will be accumulated from the month in which the insured person reaches the age of 65 years until the month in which the amount equals to his (her) total original old age insurance benefits.
In case an insured person has not paid insurance premiums or interests of the insurance within one year before the happening of contingency, the insurer is entitled to send written notices requesting him (her) to pay the bill within deadline. If the insured person fails to pay in full before the deadline, the issuer is entitled to calculate his (her) old age pension payments for the first three months according to 1st paragraph subparagraph 2.
The central competent authority will assume the differences between the old age pension payment calculated under the 1st paragraph, subparagraph 1 and the one calculated from subparagraph 2.
The old age pension payment will be paid monthly starting from the month of meeting the qualifications to the month when the insured person dies.
Applicants of the mentally/physically disability pension payment under Article 33 are entitled to switch to application of old age pension payment at the age of 65 years old. Their insurance period before the application of the mentally/physically disability pension payment are entitled to be calculated with the insurance period of this Article.
Article 31
Citizens will be deemed as the insured persons of the Insurance if they aged 65 or above at the time of the implementation of this act with household registered in ROC and live in ROC for more than 183 days per year for latest 3 years and are not qualified for any one of the following subparagraphs. The insured persons are entitled to apply for old age basic guarantee pension payment of NT3,000 dollars monthly until they die. But they are not applicable to the regulations regarding insurance payment as stipulated from Sec. 3 to Sec. 5 of this Chapter. Nor are they applicable to regulations of the insured persons and insurance effect in Chapter 2 and premium in Chapter 3.
1. Recipient of government’s full amount subsidy in accommodation.
2. Recipient of military personnel retirement pay (lifetime living subsidy), or government affair personnel, civil servant and teachers, and state-run enterprises employee receiving monthly retirement pay or lump sum retirement pay. But those who have one of the following conditions are not included.
(1) Recipient of military personnel retirement lump-sum pay, or government affair personnel, civil servant and teachers, and state-run enterprises employee receiving lump sum retirement pay without applying Preferential treatment deposits, nor receiving old age insurance benefits of Civil Servant and Teacher Insurance or discharge payments of Military Personnel Insurance; or if the person has received old age insurance benefits of Civil Servant and Teacher Insurance or discharge payments of Military Personnel Insurance, the amount of NT$3,000 monthly base will be accumulated from the month in which the insured person reachs the age of 65 years until the month in which the amount equals to the total original pension payment.
(2) aboriginals receiving lump sum retirement pay.
3. Recipient of social welfare allowances.
4. The total amount of every category income of personal consolidated income tax for the declaring year approved by the Revenue Service Office exceeds NT500,000 dollars.
5. The total value of personal land and houses exceeds NT$5,000,000 dollars.
6. Current serving sentences in the prison, or, being detained or kept in custody because of criminal cases.
The land value in the item 5 of previous paragraph will be calculated based on the announced land current value; as for the value of house, it will be calculated based on the appraised prices. However, deductions will be applied under the following conditions
1. The zoning code of part or all of the lands have been set legally as the land reservation for public facility. Additionally, these lands are not yet expropriated or compensated because of government financial problems or other causes which are not the landowner’s responsibility.
2. The house is the only one personally owned and actually lived. But the total deductible amount for the announced land current value together with the appraised house price is limited to NT4,000,000 dollars.
3. Lands Reserved for aboriginals without generating economic benefits
The applicants whose accumulated amount equals to the total original payment according to Paragraph 1, Subparagraph 2, Item 1 of this Act before the implementation of the amended Act on June 13rd 2011 cannot claim for a back payment of old age basic guarantee pension.
From January 1, 2012 onwards, those who have received old age basic guarantee pension still qualified for paragraph 1, subparagraph 1 to subparagraph 4 and subparagraph 6, after local governments adjust the announced land current value, and their land and houses have not increased, will nto be restricted by the stipulations of paragraph 1,subparagraph 5. The same rule shall be applied for the mentally/physically disability basic guaranteed pension payments and aboriginal benefits specified in Article 53.
Article 32
The insured persons, once qualified for the Insurance and the old age benefit of the labor insurance, are entitled to apply for insurance payments to any one of the insurers at the same time. The insurer accepting the application shall calculate the payments based on respective insurance periods. Payments calculated respectively will then be combined and paid to the applicant according to the rules. As for payments to be shared by other insurer, they will be repaid by the respective insurer.
Under the circumstances that insurance period from the previous paragraph do not meet the limits of applying for old age pension payments but qualify for such application if calculated in combination with other insurance period, the applicants are still entitled to apply for old age pension payments. The insured persons under Article 7, Subparagraph 1 and Subparagraph 3, are forbidden to choose payment methods stipulated in Article 30, Paragraph 1, Subparagraph 1 when applying for the old age pension payment of the Insurance if they have already received senior pension payments from other insurances.
Rules of the granting of combined old age pension payments, the repayments of respective shares among insurers and other related affairs as stipulated in Paragraph 1 will be drawn jointly by the central competent authority and the central competent authority of labor insurance.
Article 32-1
Maternity payments of the insured person are payable according to the following provisions:
1. In case of childbirth or prematurity of an insured person, she shall receive, a lump sum maternity payments equivalent to two monthly insurance amount.
2. In case of a plural birth resulting from childbirth or prematurity, maternity benefit shall be increased proportionately.
The insured person should choose one to apply when they’re qualified for other maternity benefits or subsidy conditions of related social insurance.
The insured person should choose one payment to apply when the maternity contingency is qualified for some maternity benefits or subsidy conditions of the Insurance and related social insurances. The insured person applies for maternity payment , and has been paying installments or delayed payments of premium and interests according to the proviso regulations of article16 of this Act, the amount of the premium and interests which have been paid should not be less than half of the total amount of matermity payment.