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Chapter Law Content

Title: Labor Insurance Act CH
Category: Ministry of Labor(勞動部)
Section 8 Application and Issuance of Pension Benefits
Article 65-1
The insured person or his/her beneficiary who conform to the claiming criteria of pension benefit should fill in an application and attach the related documents to apply to the insurer.
When the insured person or his/her beneficiary in previous paragraph has been examined by insurer as qualified, the pension will be issued monthly from the month of the application until the month of pension termination.
In case the beneficiary of survivor's pension doesn't submit application on the month they qualify for the benefits, the insurer should reissue the benefits to those who are entitled tracing back to five years before they submitted the application. However, for the part which already claimed by other beneficiary would not be included.
Article 65-2
The insurer may verify the benefit applications made by the insured person or the survivors and suspend payment during the verification period. Once applications are verified and approved, payment during the suspension period shall be paid and regular payments shall resume.
Once recipients are not qualified for receiving pension payments or die, they themselves or the heir at law should present related documents and notify the insurer within 30 days since the happening of the above facts. Pension payments will be terminated from the next month of the happening of the above facts.
When benefit recipient dies and the payable benefit is not yet wired into the recipient's account, the heir at law is entitled to present the copy of household registration transcript which marked the death of the applicant and the copy of household registration transcript for the heir at law to apply for the receiving of payment. When there are more than one people as the heir at law, they shall present warrant of joint-attorney and a recognizance entrusting one of them to apply for the receiving of the payment.
When over pension payments resulted from recipient's failure or the failure of heir at law to notify the insurer according to Paragraph 2, the insurer shall send written notices to the recipient of the over payment requesting repayment within 30 days. The insurer is also entitled to deduct the over payment from the account used in receiving the benefits.
Article 65-3
The insured person or his/her beneficiary is entitled to apply for only one kind of benefits if he or she is qualified for disability pension, old-age pension payments, or survivor's pension benefit at the same time.
Article 65-4
The amount of pension for this insurance will be adjusted according to the accumulated growth rate of Consumer Price Index published by the Budget, Accounting and Statistics institutions in the central government if the accumulated rate reaches 5%.
Article 65-5
Should Insurer or Labor Insurance Supervisory Commission needs some necessary data for handling this insurance business, they could contact related government agencies to supply related data and those agencies could not reject such request.
The insurer or Labor Insurance Supervisory Commission should ensure the safety check on the operation of information. All keeping, processing and utilization of such information shall follow the regulations of the Protective Laws of Computer Processed Personal Information. .