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Chapter Law Content

Title: National Pension Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 7 Supplement
Article 52
Article 53
Aboriginals aged 55 or above with household registration in ROC and not qualified for any one of the followings will be entitled to apply for monthly payment of NT$3,000 until the month before they become 65 years old after the implementation of the amended Act on June 13rd 2011 . Funding will be budgeted and paid on a yearly basis by the central competent authority in charge of aboriginal affairs
1. Military personnel, civil servants, and personnel of state-run or private enterprises currently on the posts, but those with work salary not exceeding the first grade on the insured salary grading table of labor insurance are not included.
2. Recipient of monthly retirement pay of Government employee, civil servants, teachers, and state-run enterprise employee. Recipients of military retirement pay ( lifetime living subsidy ) are also included.
3. Recipients of mentally/physically disability living subsidy or allowance of veteran accommodations.
4. Applicants qualified for one of the conditions stipulated in Article 31, Paragraph 1,Subparagraph 1,4,5,6., but the Lands Reserved for aboriginals without generating economic benefits are not included in the total value of land under Article 31 , Paragraph 1, Subparagraph 5.
The age limits on individual’s application of NT3,000 dollars per month according to the previous paragraph should be adjusted, after the implementation of the laws, to increase gradually to the minimum year of application of 65 years old according to the ever decreasing gap of the average residual life span between aboriginals and the whole citizens. The adjustment of minimum applying age policy will be examined every 5 years by the central competent authority in charge of aboriginal affairs which will then report to the Executive Yuan for approval.
Article 54
Article 54-1
From January 1, 2012 onwards, the addition amount to the old age pension payment, the old age basic guaranteed pension payment, and the amount specified in Paragraphs 2 and 4 of Article 42 and in Article 53 are adjusted to NT$3,500; the basic guaranteed amount of the mental/physical disability pension payment and the basic guaranteed pension payment for mental/physical disability are adjusted to NT$4,700. These are to be reviewed and adjusted every four years thereafter by the central competent authority with reference to the growth rate of the most recent year’s consumer price index as announced by the central Budget, Accounting and Statistics institutions against the consumer price index of the year prior to the last adjustment and the adjustment is to be announced. However, no adjustment will be made when the growth rate of the consumer price index is zero or negative .
Article 55
Rights of receiving related payments under this Act are not allowed to be the objects of mortgage, assignment, offset or security. However, the insurer is entitled to deduct from the cash payments or the returned premium of the insured person’s over received payments or payments received by mistake.
Applicants of pension payments under this Act or payment specified in Article 53, is eligible for opening a specific account in a financial institution with the proving documents provided by the insurer. The specific account is exclusively for depositing payments under this Act.
The deposit in the specific account described in the previous paragraph shall not be the objects of offset, mortgage, security or compulsory execution.
Article 56
Competent authorities of household registration and immigration/emigration should forward monthly information of changes in household or immigration/emigration for citizens aged over 65 to the insurer prior to the third working day of the next month.
Competent authorities of municipality, county(city) should forward monthly information of government fully subsidized accommodation, lists of recipients of low income senior living allowance, middle to low income senior living allowance, mentally/physically disability allowance and information of other changes to the insurer prior to the third working day of the next month.
Central competent authority or the insurers are entitled to file for providing necessary information needed for the insurer on the operation of the Insurance. All institutions are not allowed to reject such requests.
Information acquired by the insurers according to the act should be kept under the attention obligation of an administrator with good will. The insurers should also ensure the safety check on the operation of information. All keeping, processing and utilization of the such information should follow the stipulations of the Computer-Processed Personal Data Protection Law.
Article 57
All accounting books, receipts and business expenditures related to the Insurance are tax-free.
Article 58
Enforcement Rules of the act will be stipulated by the central competent authority.
Article 59
This Act will be implemented starting from October 1st, 2008.
The implementation date of amendments to this Act shall take effect since the date of promulgation, except Article 7 subparagraph 2, subparagraph 3, and Article 30 paragraph 2 subparagraph 3, which were amended on June 13, 2011, shall take effect from October 1st, 2008. As to Article 6 item 4, Article 13 paragraph 1 and 3, the implementation date of them shall be determined by Executive Yuan.