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

Print Time:2024/11/25 08:18
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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 5 Surviving Family Pension Payment
Article 40
When the insured persons die, or the insured persons are entitled to apply for old age pension payment under Article 29 but die before claiming benefit, or the recipients of mentally/physically disability pension payments or old age pension payments die, their surviving family, such as spouses, sons & daughters, parents, grandparents, grandchildren, brothers or sisters are entitled to apply for surviving family pension payments.
Conditions for the surviving family pension payments of previous Article are:
1. Spouse should be aged 55 or above and their marriage relationship lasts more than one year. However, the following conditions are not included
(1). no capability to work.
(2). raising children as stipulated on Subparagraph 3.
2. Spouse should be aged 45 or above with marriage relationship lasts more than one year. Monthly income of the spouse does not exceed minimum wage when receiving the surviving family pension payments.
3. For children, they should qualify for one the following conditions. As for adopted children, the adoption relationship should last for more than 6 months:
(1) not an adult person;
(2) no capability to work;
(3) under the age of 25 and still goes to school with monthly work income not exceeding minimum wage when receiving surviving family pension payments.
4. Both the parents and the grandparents should aged 55 or above with monthly work income not exceeding minimum wage when receiving surviving family pension payments.
5. Grandchildren should be raised by the insured persons and qualify for one the followings:
(1) not an adult;
(2) no capability to work;
(3) under the age of 25 and still goes to school with monthly work income not exceeding minimum wage when receiving surviving family pension payments.
6. Brothers, sisters should be raised by the insured persons and qualify for one of the followings
(1) not an adult;
(2) no capability to work;
(3) aged 55 or above with monthly work income not exceeding minimum wage when receiving surviving family pension payments.
The applied boundary, examine standard and the regulation of other matters for “no capability to work” as stipulated in the previous paragraph will be decided by the central competent authority.
Article 41
Order of recipients of surviving family pension payment according the previous Article is
1. spouse and children;
2. parents;
3. grandparents;
4. grandchildren;
5. brothers and sisters.
Surviving families listed on the rear order as stipulated in the previous Paragraph are not entitled to apply for surviving family pension payment if surviving families listed on the front still exist. The same applies when the surviving family die after applying or become disqualified for applying.
Article 42
Standards for granting surviving family pension payments
1. In case the insured persons die, monthly payments are 1.3% of the monthly insured amount for every insurance year of the insured persons.
2. In case of death during the period of receiving the mentally/physically disability pension payments or old age pension, monthly payments are 50% payment of the mentally/physically disability pension payments or old age pension payments of the insured persons.
3. In case the insured persons entitled to apply for old age pension payment under Article 29 but die before claiming the benefit, a monthly payment is half of payments of 1.3% of the monthly insured for every insurance year of the insured person.
Monthly payment of NT3,000 dollars will be granted if the pension amount calculated from the previous Paragraph is less than NT3,000 dollars.
When there are more than two survivors listed on the same order, 25% more of the standard surviving family pension payment will be granted for every extra survivor. The maximum extra payment will be 50% of the standard payment.
Under the circumstances of receiving NT3,000 dollars surviving family pension payment based on Paragraph 2, the difference between the original amount calculated based on Paragraph 1 and the actual amount received will be assumed by the central competent authority.
Article 43
Surviving families should pick one to apply when they’re qualified for more than 2 types of pension payments.
Article 39, Paragraph 2 will be resorted if there are more than 2 surviving families listed on the same order in receiving surviving family pension payment.
Article 44
Surviving family pension payments should be suspended if surviving families qualify for one of the followings during the receiving period
1. Spouse getting married again.
2. Spouse less than 55 years old raising children not qualified for the application conditions stipulated in Article 40.
3. Spouse, children, parents, grandparents, grandchildren, brothers and sisters don’t qualify for the application conditions stipulated in Article 40.
4. Serving sentences in prison, detained or in custody because of criminal cases.
5. Disappearance.
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