Chapter Ⅲ Contribution and Claim for Individual Labor Pension Account
The amount of labor pension borne by the employer pursuant to Article 7, Paragraph 1 shall not be less than six percent of the worker's monthly wage.
The amount of labor pension borne by the employer for staff governed under Article 7, Paragraph 2, subparagraph 3 or 4 may be within six percent of the worker's monthly wage.
Persons designated by Article 7 may voluntarily deposit pension funds within six percent of their monthly salary. The voluntarily paid pension is not included in the tax on the annual salary.
Persons designated by subparagraph 1 through 3 of the second paragraph of Article 7 may voluntarily submit pension deposits within six percent of their monthly income from professional practice. The voluntarily paid pension is not included in the tax on the annual income from professional practice.
The monthly wage set out in Paragraphs 1 to 3 and the monthly income from professional practice mentioned in the preceding paragraph with the Monthly Contribution Classification Table shall be provided by the central competent authority and submitted to the Executive Yuan for approval.
Those hired by the same employer or those who voluntarily contribute to their labor pension in accordance with Article 7, Paragraph 2 or Paragraph 3 of the preceding Article may adjust their contribution rate within one year, however such adjustments shall be limited to two times. Upon adjustment, the employer shall fill out a contribution rate adjustment form and submit it to the Bureau before the end of the month that the adjustment is made, and the adjustment shall become effective on the first day of the month following the submission; the contribution rate shall be counted to the first decimal point of a percentage.
For workers whose wages are adjusted between February to July of the current year, the employer shall notify the Bureau of the monthly contribution wage after adjustment by the end of August of the current year; when the adjustment is made between August of the current year to January of the following year, notification to the Bureau shall be made by the end of February of the following year; All adjustments shall become effective from the first day of the following month after the notification.
When an employer files a falsified monthly contribution wage for workers designated by Article 7, Paragraph 1 or fails to adjust the monthly contribution wage in accordance with the preceding paragraph, the Bureau may take the liberty to correct or adjust after verification and notify the employer concerned. The correction or adjustment shall become effective retroactively from the date contribution payments began or from the first day of the following month following the supposed adjustment.
An employer shall contribute to the labor pension of an employee from the first date of employment to the date that the employee resigns; however, if an employee chooses to be covered by the pension system in the Act from the date of its enforcement, his/her contribution shall be made from the date they decide to be covered by the pension system in the Act until their date of resignation.
For those who voluntarily contribute to the labor pension in accordance with Article 7, Paragraph 2, their employers or self-employed operators shall file with the Bureau to commence or terminate the contribution, and shall deduct, collect and make the contribution on a monthly basis.
Those who voluntarily contribute to the labor pension referred to in the preceding paragraph shall contribute from the filing date of voluntary contribution to the filing date of termination.
An employer shall make and file a list with the Bureau within seven days from the date an employee commences his/her job, resigns, is reinstated, or dies, to process the commencement or termination of pension contributions.
The Bureau shall prepare and mail a payment statement of the amount of labor pension that an employer shall contribute and collect, to the business entity prior to the 25th of the following month; the employer shall make the contribution prior to the end of the next calendar month after the month in which they receive the payment statement.
For employees who voluntarily contribute to their labor pension, the employer shall collect their voluntarily contributions, along with the portion contributed by the employer, and notify the Bureau of the contributions. Their contributions shall be made from the filing date of voluntary contribution to the date of resignation or the filing date of termination.
If an employer fails to contribute within a given period or contributes an insufficient amount, the Bureau shall notify the employer to contribute the necessary funds within a specified period.
Labor pension funds contributed by self-employed operators shall be made through an automatic transfer service of a banking institution designated by the Bureau; the Bureau will not mail a separate payment statement.
An employer shall apply and report in writing to the Bureau any termination of contributions to a pension fund within seven days from the date an employee goes on leave without pay, begins military service, is suspended from duties because of a lawsuit or is detained prior to a final judgment of the court. The employer shall apply and report in writing to the Bureau before recommencing contributions to a pension fund once an employee is reinstated.
When an employer is required to make up the wages for a reinstated employee for the period of suspension from duties because of a lawsuit or detention, the employer shall make up the contribution to the pension for such a period by the end of the month marking two months after the month the employee was reinstated.
The amount of contributions made by the employer shall be made known to the workers via a printed monthly notice.
The employer shall have on file a worker roster that includes information on the dates when employment commenced, dates of resignation, attendance records, wages, monthly contribution records and other related information; such information shall be preserved for five years after the date a worker resigns.
For workers choosing to be covered by the pension system in accordance with this Act, the preservation of their related documents shall be handled according to the provisions in the preceding paragraph.
The labor pension shall be paid and calculated as follows:
1.For monthly pension payments, the principal and accrued dividends from an employee's individual labor pension account are to be paid in fixed installments. The amount of each installment shall be calculated based upon the Terms Life Chart of Annuity, average life expectancy, interest rate and other factors.
2.For lump-sum payment upon retirement, the principal and accrued dividends from an employee's individual labor pension account are to be claimed in a lump sum at one time.
The return rate generated from the utilization of employees' pension contributed in accordance with the Act shall not be less than the interest rate of a two-year fixed term deposit by local banks; in the event of any deficiency, the Treasury shall make up the shortfall.
The Terms Life Chart of Annuity, average life expectancy, interest rate and calculation of the amount referred to in subparagraph 1 of Paragraph 1 shall be prescribed by the Bureau and submitted to the central competent authority for approval.
A worker who is sixty years or older may claim for retirement payment according to the following regulations:
1.Workers whose seniority exceeds fifteen years may choose to receive either monthly pension payments or a lump-sum pension payment.
2.Workers whose seniority is less than fifteen years shall claim for a lump-sum pension payment.
For workers referred to in subparagraph 1 of the preceding paragraph who have selected an option for payment, after the Bureau has approved their preferred option of payment, changes cannot be made.
Seniority referred to in Paragraph 1 shall be calculated based upon the period in which the contributions to the pension have been made. If the seniority of an employee is interrupted, both his／her seniority before and after the interruption shall be combined in calculation.
A worker who is not covered by the Labor Standards Act shall claim for pension only when he／she meets the requirement prescribed in Paragraph 1.
Workers who continue to work after having received their pension, their subsequent seniority shall be reset. Employers shall continue to contribute to the labor pension fund in accordance with this Act. The number of times a worker may receive the reset pension or related dividends shall be limited to once a year.
Workers who are under sixty years of age and whose seniority exceeds fifteen years may claim for a monthly pension or a lump-sum pension if any of the following situations applies. However, workers whose seniority is less than fifteen years may only claim for a lump-sum pension:
1.Receiving disability pension or lump-sum disability payment for Level 3 and above disabilities as prescribed in the Labor Insurance Act.
2.Receiving mental/physical disability pension or mental/physical disability basic guaranteed pension as prescribed in the National Pension Act.
3.A insured worker is not described by the preceding two subparagraphs but meets criteria for the type, condition and level of disability eligible for claiming disability pension or lump-sum disability payment as prescribed in Subparagraph 1, or the type, condition and level of mental/physical disability eligible for claiming mental/physical disability pension or mental/physical disability basic guaranteed pension as prescribed in the preceding subparagraph.
Workers claiming for monthly pension in accordance with the preceding paragraph may on their own decide the number of years for which they are eligible to claim a pension.
When a worker starts to receive the monthly pension payment, he/she shall pay a one-time premium for annuity insurance to cover his/her annuity benefits if he/she lives beyond the average life expectancy as prescribed in Paragraph 3 of Article 23.
The amount of premium, contribution procedures and qualifications of the insurer(s) of annuity insurance referred to in the preceding paragraph shall be prescribed by the central competent authority.
If a worker dies before claiming pension, his/her survivors or designated person(s) shall claim for the lump-sum payment which would have been claimed upon the worker’s retirement.
If a worker, who has received the monthly pension payment, dies before he/she reaches the average life expectancy prescribed in Paragraph 3 of Article 23 or the number of years for claiming the pension prescribed in Paragraph 2 of Article 24-2, the monthly pension payment shall be terminated. The residual amount in his/her individual labor pension account shall be calculated and paid to his/her survivors or designated person(s).
The orders of survivors who may claim the pension in accordance with the preceding Article are as follows:
1. Spouse and children.
If there is more than one person in any of the above orders, they shall jointly claim the pension; otherwise, the one who claims the pension shall distribute such a pension between or among the survivors in the same order. In the event of death, waiver of inheritance, or disqualification of heirs due to legal reasons, the pension shall be claimed by other survivors. However, if a living will is made to designate a claimant for the pension, such a will shall be complied with.
If a deceased worker falls under the following criteria, the principal and the return accrued in his/her individual labor pension account shall belong to the Fund:
1. No survivors as listed above or designated claimants.
2. The surviving family member as listed above or the designated claimant becomes ineligible due to statute of limitations.
A worker, his/her survivor(s), or his/her designated person(s) shall file and submit an application and relevant documents to the Bureau to claim for the pension; the application procedures and documents required shall be prescribed by the Bureau.
When the application procedures have been completed and if the monthly pension payment is approved, the payment shall be made on a quarterly basis from the month following the receipt of the application; if the lump-sum retirement payment is approved, the payment shall be made thirty days from the day of receiving the application.
The basis of calculating the final amount of pension to be claimed by a worker, his/her survivor(s) or his/her designated person(s) shall be prescribed by the central competent authority.
A worker’s surviving family member, as listed above, or a designated claimant’s right to request a pension shall be forfeit if not exercised within ten years from the date a survivor or claimant becomes eligible to claim the pension.
A worker’s pension and their right to claim the pension shall not be assigned, offset, mortgaged, or held as a financial security.
Applicants claiming a monthly pension pursuant to this Act shall open a specific account with the documents provided by the Bureau at a financial institution for the deposit of their monthly pension.
Deposits in the specific account of the preceding paragraph shall not be the object of offset, mortgage, a security holding or compulsory execution.
An employer shall not deduct contribution made by him/her from an employee's wage as compensation or ask an employee to refund the contributions made when the employee resigns. If there is an agreement that an employee shall compensate or refund the contributions made upon resignation, the agreement shall be null and void.
When an employer fails to contribute to the pension on a monthly basis or in full for an employee in accordance with the Act and causes damages to the employee, the employee shall claim damages from the employer.
The right for an employee to file the claim referred to in the preceding paragraph shall be forfeit if such a right is not exercised within five years from the date of resignation.
Sources of the Fund are as follows:
1.Pension deposits in employees' individual accounts.
2.Profits from utilization of the Fund.
3.Late payment charges.
The Labor Pension Fund, besides being used for paying workers' pensions and investment, shall not be offset, mortgaged, held as a financial security, or used for other purposes. Regulations concerning the management, utilization and profit/loss allocation thereof shall be prescribed by the central competent authority and submitted to the Executive Yuan for approval.
The management, operation and utilization of the labor pension fund are handled by the Bureau of Labor Funds, MOL (hereinafter referred to as the Bureau of Labor Funds). For the operation and utilization of the fund, the Bureau of Labor Funds may entrust its management to financial institutions. The regulations, scope and funds for entrusted operations shall be determined by the Bureau of Labor Funds and reported to the central competent authority for approval.
The Bureau of Labor Insurance and Bureau of Labor Funds shall establish independent accounts for handling the revenues and expenditures of the labor pension and the Fund, and shall handle them separately from its other business; the Bureau shall prepare relevant accounting reports and final financial settlements in accordance with related statutes and regulations to be collected by the Bureau of Labor Funds, and then submitted to the central competent authority for future reference.
The report concerning revenues, expenditures, utilization, the accumulated amount of the Fund and financial statements shall be submitted on a monthly basis to the Supervisory Committee by the Bureau of Labor Funds for review and then submitted by the Supervisory Committee to the central competent authority for record and reference, and the central competent authority shall publicly release reports on a yearly basis.