No Support JavaScript

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

Print Time:2022/12/05 01:56
:::

Chapter Law Content

Chapter VI  Bereavement Compensation
Article 26
If a staff member either meets with either of the following circumstances, his or her survivors shall be paid bereavement compensation:
1.death caused by illness or injury; or
2.death caused as a result of duty.
With the exception of a staff member whose death is caused by commission of a crime or suicide, his or her survivors shall be paid the same bereavement compensation as that paid in the case of a death caused by illness.
The term “death as a result of duty” in Paragraph 1, Subparagraph 2 refers to a death which has been verified by the employing school as having occurred as a result of any of the following circumstances:
1.a hazard occurring while undertaking duties;
2.an accident occurring at the place of work;
3.an accident or hazard encountered while commuting to or from work; or
4.sparing no effort and excessively overworking.
Article 27
The bereavement compensation payment methods are as follows:
1.For service of less than fifteen years: bereavement compensation shall be paid in a lump sum.
2.For service of fifteen years or longer: the staff member’s survivors shall choose one of the following bereavement compensation payment methods:
(1) a lump-sum bereavement compensation payment; or
(2) bereavement compensation annuity payments.
For a lump-sum bereavement compensation payment: the staff member’s survivors shall receive both the principal and interest in the staff member’s individual Retirement and Compensation Fund account, and the bereavement compensation payable for his or her years of service before this Act took effect in one lump sum
For a bereavement compensation annuity: the staff member’s survivors shall be enrolled in annuity insurance that is in compliance with the Insurance Act, using the total amount that his or her survivors would have received in a lump-sum payment, to provide a periodically paid bereavement compensation annuity.
Persons who choose a bereavement compensation annuity may at the time of the bereavement compensation purchase in full the annuity insurance referred to in the preceding paragraph with a lump-sum payment using the whole or a part of a payment from social insurance or some other lawful resignation payment system.
Article 28
If a staff member’s death was caused as a result of his or her duty, in addition to the bereavement compensation made in accordance with the provisions of the preceding paragraph, an additional one-off payment of 25 percent of the bereavement compensation shall be made; for a death caused as a result of a hazard occurring while the person was undertaking his or her duties, an additional payment of 50 percent shall be made.
If a person referred to in the preceding paragraph as having his or her death caused as a result of his or her duty had been employed less than fifteen years, the period of employment shall be deemed fifteen years; in the case of a death caused by a hazard occurring while the person was undertaking his or her duties, if the person had been employed fifteen years or more but less than thirty years, the period of employment shall be deemed thirty years
The additional amounts of bereavement compensation referred to in the preceding two paragraphs shall be paid by the private school in accordance with the former provisions and standards governing private school staff bereavement compensation in effect before this Act took effect.
Article 29
One-half of the bereavement compensation for a staff member’s survivors shall be distributed to his or her spouse who has not remarried, and the remainder shall be divided evenly among the other survivors in the following order:
1.his or her children; if the staff member was an only child, his or her parents;
2.his or her parents.
When there are multiple survivors within either of the two categories referred to in the preceding paragraph, if any of them dies or waives the right to receive part of the bereavement compensation, his or her share shall be redistributed evenly among the remainder of the eligible survivors in the same category. If there are no survivors in the first category, the bereavement compensation shall be distributed evenly among the survivors in the second category.
If the staff member left behind a will which designates the order in which the survivors referred to in Paragraph 1 are to receive bereavement compensation, the bereavement compensation shall be distributed as the staff member’s will instructed.
If there are no survivors in the categories referred to in Paragraph 1, or if bereavement compensation is not handled in accordance with this Act, the staff member’s heirs may apply to the Fund Management Committee to be paid the principal and interest in the staff member’s individual Retirement and Compensation Fund account. If the deceased person has no heirs, the former employing school may, after using the amount necessary for funeral expenses, use the balance exclusively to offer general or special student scholarships for students studying there.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)