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Chapter III Bereavement Compensation
Section 1 Requirements and Causes for Bereavement Compensation
Article 51
If a staff member dies during the period of his or her active service, his or her survivors or the employing school may apply for bereavement compensation.
If a staff member dies during a period of disciplinary suspension, administrative suspension, provisional removal from employment, or unpaid leave, unless the unpaid leave period was a period of secondment to a position as a duly graded and assigned civil servant, his or her survivors or the employing school may apply for bereavement compensation in accordance with this Act. The same shall apply in the case of a teacher who is duly seconded on unpaid leave and who at the age of 65 has not yet returned to the original position and had his or her salary reinstated, and who dies within 10 years from the day of reaching the age of 65.
Bereavement compensation in the case of a staff member who dies before this Act comes into force shall be handled in accordance with the provisions originally in force before this Act comes into force.
Article 52
Causes for bereavement compensation when a staff member dies during active service are as follows:
1. Death by illness or accident.
2. Death from a cause in the course of performance of official duties(hereinafter, "death from an occupational cause").
Death by suicide will be treated as death by illness or accident. However, bereavement compensation will not be given if the staff member commits suicide after having been sentenced for a crime by a final and conclusive judgment and before being served with a disposition of discharge from employment, removal from employment, or denied renewal of employment.
Article 53
If a staff member dies from an occupational cause during active service, bereavement compensation for an occupational death will be arranged.
Death "from an occupational cause" in the preceding paragraph means that a current staff member dies from one of the following events, and there is a substantial causal relationship between the person's death and that event:
1. When performing a difficult mission such as disaster response, or performing a war-related mission, risking one's life and courageously performing the mission despite facing hazards entailing a high risk of death, resulting in death.
2. The occurrence of an accident or hazard, or an event of violence, or falling prey to an illness, in the workplace, or while away on official business, when performing a mission other than one under the preceding paragraph, resulting in death.
3. Sudden onset of illness, in the workplace, or while away on official business, when performing a mission other than one under the preceding two subparagraphs.
4. Any of the following circumstances, resulting in death:
(1)The occurrence of an accident or hazard while traveling to or from the performance of a mission under subparagraph 1.
(2)Sudden onset of illness while traveling to or from the performance of a mission under subparagraph 1 or 2, or the occurrence of an accident or hazard while traveling to or from the performance of a mission under subparagraph 2.
(3)The occurrence of an accident or hazard, or sudden onset of illness, during the period of advance preparation for the performance of a mission or of follow-up work after a mission.
5. Unyielding diligence or overwork, resulting in death.
If death from a circumstance under item 1 or 2 of subparagraph 4 of the preceding paragraph is the result of an accident caused by a serious traffic violation by the staff member himself or herself, the bereavement compensation will be handled as for an accidental death.
When any doubt arises regarding the determination, under the subparagraphs of the preceding two paragraphs, of an event of occupational death as grounds for bereavement compensation and of the causal relationship in respect thereto, the competent authority shall select scholars and experts from fields such as medicine, law, and personnel administration to compose an ad hoc review committee, to make a determination based on the facts and relevant theory.
When reviewing individual cases with respect to the elements of death resulting from sudden onset of illness under subparagraphs 3 and 4 of paragraph 2, or resulting from unyielding diligence or overwork under subparagraph 5, the review committee referred to in the preceding paragraph may refer to the Reference Criteria for the Review of Civil Servants Suffering Sudden Onset of Illness Due to Occupational Causes or Death Resulting From Unyielding Diligence or Overwork.
Section 2 Payment of Bereavement Compensation
Article 54
When a staff member dies by illness or accident during active service, the types of bereavement compensation payments are as follows:
1. Lump-sum bereavement compensation.
2. Lump-sum bereavement compensation and monthly bereavement compensation.
The payment of bereavement compensation under the preceding paragraph will be calculated by the following standards:
1. If the staff member has been employed for less than 15 years, lump-sum bereavement compensation will be paid in accordance with the following provisions:
(1)If the staff member has been employed for 10 years but less than 15 years, one and one-half base units will be awarded for each year of service; for any number of months less than 1 year, one-eighth of a base unit shall be awarded per month; any period of less than 1 month shall be calculated as 1 month.
(2)If the staff member has been employed for less than 10 years, in addition to paying bereavement compensation in accordance with the preceding paragraph, an additional one-twelfth of a base unit shall be awarded for each of the number of months that is short of 10 years, until a full 9 and 11/12ths base units is reached, whereupon, no further additional units will be awarded(as shown in Schedule 4). However, if the staff member has previously duly received pension or other separation pay out of a government budget or out of the Pension Fund or has received a refund of Pension Fund premium principal and interest, the years of service for which those were received shall be counted in the staff member's aggregate years of employment, and if the aggregate years exceed 10 years, no further additional units will be awarded.
2. If the employee has been employed for 15 years or longer, lump-sum bereavement compensation and monthly bereavement compensation will be paid in accordance with the following provisions:
(1)Monthly bereavement compensation of one-half a base unit will be paid each month.
(2)Lump-sum bereavement compensation of 15 base units will be awarded for the initial 15 years. For the portion exceeding 15 years, an additional one-half of a base unit will be awarded for each additional year, up to a maximum award of 27 and 1/2 base units; for any months short of 1 year 1/24th of a base unit shall be awarded; any period of less than 1 month shall be calculated as 1 month.
The content of the base unit under the preceding paragraph shall be calculated as the average salary amount listed in Schedule 1 plus 100 percent.
Article 55
For a staff member who has years of service in employment both before and after the implementation of the New Pension System, the years of service shall be counted in aggregate for purposes of bereavement compensation. However, of the years of service in employment before the implementation of the New Pension System, 30 years are creditable at maximum. The years of service after the implementation of the New Pension System are creditable in aggregate therewith. After aggregation, 40 years are creditable at maximum.
If any selection needs to be made regarding which of the years of service in employment under the preceding paragraph shall be credited, the years of service after the implementation of the New Pension System years of service shall be credited first.
If a staff member dies from an occupational cause, years of service shall be awarded in accordance with the following provisions for purposes of bereavement compensation:
1. For bereavement compensation under Article 53, paragraph 2, subparagraph 1, if the staff member was employed for less than 15 years, bereavement compensation will be calculated and paid on the basis of 15 years; if he or she was employed for at least 15 years but less than 25 years, bereavement compensation will be calculated and paid on the basis of 25 years; if he or she was employed for at least 25 years but less than 35 years; bereavement compensation will be calculated and paid on the basis of 35 years.
2. In the case of bereavement compensation for a staff member under Article 53, paragraph 2, subparagraphs 2 to 5, if he or she was employed for less than 15 years, bereavement compensation will be calculated and paid on the basis of 15 year; if he or she was employed for 15 years or longer, bereavement compensation will be calculated and paid for the actual number of years of service in employment.
Article 56
After a staff member dies during active service, the number of months for which monthly bereavement compensation will be given to his or her survivors shall be as follows:
1. For bereavement compensation under Article 53, paragraph 2, subparagraph 1, 240 months of monthly bereavement compensation will be given.
2. For bereavement compensation under Article 53, paragraph 2, subparagraph 2, 180 months of monthly bereavement compensation will be given.
3. For bereavement compensation under Article 53, paragraph 2, subparagraph 3, subparagraph 4, items 2 or 3, or subparagraph 5, 120 months of monthly bereavement compensation will be given.
4. For bereavement compensation under Article 53, paragraph 2, subparagraph 4, item 1, 180 months of monthly bereavement compensation will be given.
5. For death by illness or accident, 120 months of monthly bereavement compensation will be given.
If a recipient under the preceding paragraph is a minor child, if at the expiration of the period for which bereavement compensation is given under the preceding paragraph the child has not yet reached adulthood, the bereavement compensation may continue to be given until the child reaches adulthood. If the child has reached adulthood, but is still enrolled and studying in school, the bereavement compensation may continue to be given until the child obtains his or her bachelor's degree.
"Enrolled and studying in school" under the preceding paragraph shall be limited to the period during which a student is registered as a degree student at a domestic school and is within the statutory limit on the duration of that course of study. In the case of a student studying at a university or independent college, it shall be limited to the obtainment of one bachelor's degree.
If a recipient of monthly bereavement compensation under paragraph 1 is a child who is incapable of work because of a physical or mental disability, an application may be made for lifelong bereavement compensation to be given in accordance with the payment ratio set out in Article 62, by submitting a certificate or manual of a statutory "severe" or greater physical or mental disability, or a certificate that the child is under a declaration of guardianship or assistance which has not been lifted. In the case of an adult child, each fiscal year the income filing information from the preceding fiscal year must be submitted to prove that the adult child's average monthly income does not exceed the statutory basic wage.
Article 57
When arrangements are made for bereavement compensation for an occupational death of a staff member under Article 53, paragraph 2, in addition to the payment of bereavement compensation under Article 54, paragraph 2, Article 55, paragraph 3, or the preceding article, an additional lump-sum bereavement compensation shall be paid as follows:
1. For bereavement compensation under Article 53, paragraph 2, subparagraph 1, an additional 50 percent shall be paid.
2. For bereavement compensation under under Article 53, paragraph 2, subparagraph 2, an additional 25 percent shall be paid.
3. For bereavement compensation under Article 53, paragraph 2, subparagraph 3, subparagraph 4, items 2 and 3, and subparagraph 5, an additional 10 percent shall be paid.
4. For bereavement compensation under Article 53, paragraph 2, subparagraph 4, item 1, an additional 15 percent shall be paid.
Article 58
If a staff member who has been employed for less than 15 years dies by illness or accident and is survived by a minor child or children, in addition to the payment of bereavement compensation to his or her survivors in accordance with Article 54, paragraph 2, subparagraph 1, each minor child, until he or she reaches adulthood, shall additionally be given monthly bereavement compensation paid according to the payment standard for old age basic guaranteed pension as provided in the National Pension Act.
If a staff member who has been employed for 15 years or longer dies by illness or accident and is survived by a minor child or children, in addition to the payment of bereavement compensation to his or her survivors in accordance with Article 54, paragraph 2, subparagraph 2 and Article 56, each minor child, until he or she reaches adulthood, shall additionally be given monthly bereavement compensation paid according to the payment standard for old age basic guaranteed pension as provided in the National Pension Act.
Article 59
If a staff member dies from an occupational cause and is survived by a minor child or children, in addition to the payment of bereavement compensation to his or her survivors in accordance with Article 54, paragraph 2, subparagraph 2, Article 55, paragraph 3, Article 56, or Article 57, each minor child, until he or she reaches adulthood, shall additionally be given monthly bereavement compensation paid according to the payment standard for old age basic guaranteed pension as provided in the National Pension Act.
Article 60
In the case of a staff member who dies after having been employed for 15 years, and who made a will before death, if no claim is made for bereavement compensation under Article 54, paragraph 2, subparagraph 2, lump-sum bereavement compensation may instead be taken, and shall be paid according to the standard for lump-sum pension payment. The same shall apply if such a staff member did not make a will and his or her survivors do not claim compensation under Article 54, paragraph 2, subparagraph 2.
If a staff member dies from an occupational cause, or dies by illness or accident after having been employed for 15 years, and his or her only survivors are grandparents or siblings, the payment shall be changed instead to lump-sum bereavement compensation paid according to the standard for lump-sum pension payment.
If a survivor of the deceased staff member claims bereavement compensation in the manner described in paragraph 1, the additional lump-sum bereavement compensation that shall be paid in accordance with Article 57 shall still be calculated and paid according to the standard set out in Article 54, paragraph 2, subparagraph 2, item 2.
Article 61
Each competent authority shall formulate a budget to pay funeral and burial subsidies for deceased staff members. The same shall apply for a staff member who dies during a period of disciplinary suspension, administrative suspension, provisional removal from employment, or unpaid leave.
The standards for payment of funeral and burial subsidies under the preceding paragraph shall be set out in the Enforcement Rules to this Act.
A staff member who has received a medal of comendation or has made a special meritorious contribution may be given meritorious service bereavement compensation; the standards for payment thereof shall be set out in the Enforcement Rules to this Act.
Section 3 Recipients of Bereavement Compensation
Article 62
Of the bereavement compensation distributable to a staff member's survivors one-half shall be distributed to his or her spouse who has not remarried, and the remainder shall be paid in equal shares to his or her other survivors in the following order of precedence:
1. Children.
2. Parents.
3. Grandparents.
4. Siblings.
If a deceased staff member does not have any surivors specified in subparagraphs 1 to 3 of the preceding paragraph, his or her bereavement compensation shall be distributed solely to his or her spouse who has not remarried. If he or she has no spouse or the spouse has remarried, the distributable bereavement compensation shall be distributed to the survivors listed in the subparagraphs of the preceding paragraph in the order of precedence listed. If there are multiple survivors at the same level of precedence, the bereavement compensation will be distributed in equal shares among the eligible survivors at that level of precedence.
If any of the survivors at the same level of precedence dies or waives or because of a statutory cause loses or ceases to have the right to receive the bereavement compensation, his or her share of the bereavement compensation shall be redistributed among the remainder of the survivors at the same level of precedence in accordance with the preceding two paragraphs. If there are no survivors at the highest level of precedence, the survivor benefit shall be distributed among the survivors at the next level of precedence in accordance with the preceding paragraph.
When multiple survivors at the same level of precedence who are eligible for distribution of bereavement compensation under the preceding three paragraphs make such a claim, they may mandate one from among themselves who has legal capacity to act to make the application on behalf of them all. If a survivor lacks legal capacity to act, his or her statutory agent shall make the application on his or her behalf.
If the whereabouts of any of a staff member's survivors are unknown, or if the survivors are unable to reach agreement to make a uniform claim under the preceding paragraph, the other survivors may separately claim bereavement compensation pro-rata to the number of persons eligible to receive such compensation.
If all of the duly approved recipients of monthly bereavement compensation at the same level of precedence, during the period of receipt of monthly bereavement compensation, lose the right to receive the monthly bereavement compensation, the following provisions shall be followed:
1. Calculate lump-sum bereavement compensation based on the standard for lump-sum pension payment, subtract the amount already received in monthly bereavement compensation, and distribute the remainder; if there is no remainder, no further distribution shall be made.
2. When a remainder is available for distribution after the calculation of the preceding subparagraph, it shall be distributed in equal shares among the survivors at the next level of precedence. If there are no survivors at the next level of precedence or the survivors at the next level of precedence have all lost the right to receive the bereavement compensation, no further distribution shall be made.
Article 63
When a recipient under subparagraph 1 of paragraph 1 of the preceding article dies, or waives, or because of a statutory cause loses, the right to receive the bereavement compensation, if his or her child or children is subrogated to receive the bereavement compensation in his or her place, paragraph 3 of the preceding article shall not apply.
If the staff member made a will before death, and designated a recipient or recipients of the bereavement compensation from among the survivors set out in paragraph 1, the staff member's will shall prevail. However, the proportion to be received by any minor child of the staff member may not be lower than the proportion that child would originally have been entitled to receive.
If a staff member dies and has no survivor who is eligible to claim bereavement compensation under paragraph 1 of the preceding article, his or her heir may apply to the Pension Fund management institutionfor return of the principal, with interest, of the Pension Fund premium already paid. If the staff member has no heir, the original employing school may first proceed to receive the bereavement compensation and use it to handle the funeral affairs; if there is any remainder, it shall be returned to the Pension Fund.