History

No. Date Law Name
1. 2005.07.01 Pension Fund Management/Utilization and Profit/Loss Allocation Regulations of the Labor Pension Act
2. 2010.06.17 Regulations of Labor Pension Act on the Labor Pension Fund Management/Utilization and Profit/Loss Allocation
3. 2013.06.10 Regulations of Labor Pension Act on the Labor Pension Fund Management/Utilization and Profit/Loss Allocation
4. 2014.12.29 Regulations of Labor Pension Act on the Labor Pension Fund Management/Utilization and Profit/Loss Allocation
5. 2015.11.11 Regulations for Labor Pension Act on the Labor Pension Fund Management / Utilization and Profit / Loss Allocation
Article 1
The Regulations are prescribed in accordance with Paragraph 1 to Article 33 of the Labor Pension Act (here-in-after referred to as the Act)
Article 2
The competent authority of the Labor Pension Fund (here-in-after referred to as the Fund) under the Labor Pension Act is the Council of Labor Affairs, Executive Yuan.
Article 3
Except the late payment charge which shall be handled in accordance with Paragraph 2, the scope of payments of the Fund shall be as follows:
1. The pension payment or the balance payment payable to employees, employees' survivors or designated persons in accordance with Paragraph 1 to Article 24, Article 26 of the Act and Article 36 of the Enforcement Rules of the Act.
2. The principal and returns to be transferred to the annuity insurance in a lump sum by employees in accordance with Paragraph 1 to Article 14 of the Enforcement Rules of the Act.
3. The administrative costs of the Fund investment/utilization and Labor Pension Fund Supervisory Committee (here-in-after referred to as the Supervisory Committee) required for auditing and performance management.
4. Other relevant and necessary expenditures.
The scope of payments of the late payment charge collected by the Fund shall be as follows:
1. To pay the difference to be covered by the national treasury in accordance with Paragraph 2 to Article 23 of the Act, if the return of the Fund is less than the return calculated based on the average interest rate of 2-year-term time deposit of local banks.
2. To pay the difference between the guaranteed return calculated in accordance with Paragraph 2 to Article 11 and the return calculated in accordance with Article 8.
3. To pay for other items reported to and approved by the Executive Yuan.
The administrative costs referred to in Subparagraphs 3 and 4 of Paragraph 1 shall be budgeted by the Supervisory Committee based on the size and operation performance of the Fund and submitted to the competent authority for approval.
Article 4
The scope of utilization of the Fund shall be as follows:
1. Deposit in domestic or foreign financial institutions.
2. Loan to governments at various levels or state-owned enterprises for undertaking economic construction or investment expenditures with compensation or repayable by budgeting on a year-by-year basis.
3. Extension to financial institutions for offering labor housing loans.
4. Investment in domestic or foreign listed, over-the-counter, or privately raised equity securities and their financial derivative products.
5. Investment in domestic or foreign listed, over-the-counter or privately raised debt securities and their financial derivative products.
6. Investment in publicly or privately raised beneficiary certificates issued by domestic securities investment trust funds, beneficiary securities issued by domestic mutual trust funds or collective trust products.
7. Investment in beneficiary certificates, fund stocks or investment unit securities issued or managed by foreign funds management institutions (here-in-after referred in as the Off-shore Funds).
8. Investment in domestic/foreign current commodities and their financial derivative products.
9. Investment in domestic/foreign real estate, or the beneficiary certificates of real estate investment trust or assets trust and their financial derivative products.
10. Investment in other financial derivative products.
11. Engaging in securities lending.
12. Other utilization items beneficial to the return of the Fund examined by the Supervisory Committee and reported to and approved by the competent authority.
If the utilization items referred to in the preceding subparagraphs involve mainland China or Hong Kong or Macao, the relevant statutes and regulations stipulated by the competent authority of finance and other relevant agencies shall be complied with.
For the assets allocation ratio of the utilization items referred to in Paragraph 1, the Supervisory Committee shall prepare and submit an annual plan for investment/utilization to the competent authority for review and record.
In relation to the investment/utilization of the Fund, the Supervisory Committee shall stipulate rules for relevant utilizations and transactions and processing procedures and submit to the competent authority for review and record.
Article 5
Investment in securities by the Fund shall comply with the following investment ratio restrictions:
1. Total cost for purchase of any single equity securities, debt securities or funds shall be no more than 2% of the net value of the Fund at the time of investment.
2. Total amount for the investment in any equity securities or debt securities shall be no more than 10% of the total issued amount of such securities.
3. Total amount for investment in any fund shall be no more than 10% of the issued and outstanding beneficiary units of such fund.
4. Investment in depositary receipts and the shares issued by the issuer of such depositary receipts held by the Fund shall be combined for the purpose of calculating the total amount or total number, and the ceiling of the investment ratio shall be calculated in accordance with Subparagraph 1 and Subparagraph 2. The number of the depositary receipts shall be calculated on the basis of the number of shares represented by such depositary receipts.
Article 6
Investment in financial derivative products by the Fund shall be processed in accordance with the following rules:
1. Except for principal-guaranteed-typed products, investment shall in principle not increase the financial leverage of the Fund.
2. To accommodate the needs for the exchange hedge between NT$ and foreign currencies in relation to foreign investment, the Fund may invest in the foreign exchange financial derivative products within the amount limits and the product scopes under relevant regulations stipulated by the Central Bank.
3. Engagement in securities-related financial derivative products shall be processed through the futures firms approved by the securities and futures authorities of the countries concerned, and the scope shall be the futures contracts published or quoted by the securities and futures authorities, securities exchanges or over-the-counter market of the countries concerned.
Measures concerning trading limit, trading counterpart and risk management of investment in financial derivative products shall be drafted by the Supervisory Committee and submitted to the competent authority for approval.
Article 7
The foreign currency deposits of the Fund in domestic and foreign financial institutions shall be processed as follows:
1. Deposit shall be made with the banks ranked among top 300 in terms of global bank assets or capital, or having certain specific rating rated by credit rating institutions which are internationally prestigious or approved by the competent authority.
2. The amount of deposit in any single bank shall be no more than 1% of the net value of the Fund, but the portion commissioned to foreign institutions for operation and management shall not be included in the foresaid amount.
The rank, rating and amount of deposit ceiling referred to in Subparagraph I of the preceding paragraph shall be stipulated by the Supervisory Committee and submitted to the competent authority for review and record.
Article 8
The standard date for profit/loss allocation of the Fund is December 31 of each year, and the Bureau of Labor Insurance (here-in-after referred to as the Bureau) shall process profit/loss allocation within three months after the standard date of each year.
The profit/loss allocation referred to in the preceding paragraph shall be made in accordance with the amount derived from multiplying the profit/loss of the Fund in the current year by the cumulative amount of the daily balance in the individual labor pension account in the current year, divided by the accumulated amount of daily balance of the Fund in the current year.
The amount referred to in the preceding paragraph shall be calculated by the dollar and rounded to the nearest dime.
The Supervisory Committee shall notify the Bureau of the profit/loss of the Fund in the current year within two months after the standard date of each year.
Article 9
When an employee, his/her survivor(s) or designated person(s) applies for pension in accordance with the Act, if the amount distributed in accordance with the preceding article is less than the return calculated on the basis of the average interest rate of 2-year-term time deposit of local banks during the deposit period, payment of the return calculated on the basis of the foresaid average interest rate of 2-year-term time deposit of the local banks shall be made.
The return calculated on the basis of the average interest rate of 2-year-term time deposit of local banks as referred to in the preceding paragraph shall be based upon the average annual interest rate calculated on the basis of the minimum guaranteed monthly return published by the Supervisory Committee and calculated at simple interest rate.
The average annual interest rate referred to in the preceding paragraph shall be rounded to the fourth decimal place.
The return distributed as prescribed in Paragraph 1 shall be calculated by the N.T. dollar and rounded to the nearest dime.
Article 10
The accumulated amount in an individual account of labor pension and the amount calculated and distributed in accordance with Article 8 shall be disclosed in an individual account of labor pension.
Disclosure of the amount calculated and distributed in accordance with Article 8 as prescribed in the preceding paragraph shall be implemented on March 31, 2007.
Article 11
Where an employee chooses to transfer in a lump sum the principal and returns accrued in his/her individual account of labor pension to the annuity insurance in accordance with Paragraph 1 to Article 14 of the Enforcement Rules of the Act, except for the return already distributed to the foresaid account, the remaining undistributed periods’ return shall be distributed according to the nearest monthly rate of return announced by the Supervisory Committee to calculate the return up to the month when the application is submitted.
The rate of return mentioned in the preceding paragraph shall be calculated to the fourth digit after the decimal point.
Where the return referred to in the first Paragraph is less than the average interest rate of 2-year-term time deposit of local banks during the deposit period, calculation shall be made on the basis of such average interest rate of 2-year-term time deposit.
Where undistributed return has been calculated for the employee based on the nearest monthly rate of return announced by the Supervisory Committee in accordance with Article 34 of the Enforcement Rules of the Act and the first Paragraph, the difference of profit/loss allocation between the current term and the return calculated according to the nearest monthly rate of return announced by the Supervisory Committee shall not be re-distributed or withdrawn upon profit/loss allocation of the current term.
Article 12
With respect to the return to be received by an employee in accordance with Paragraph 2 to Article 36 of the Enforcement Rules of the Act, except for the return which has been distributed to the pension account, the remaining undistributed periods’ return shall be distributed according to the nearest monthly rate of return announced by the Supervisory Committee to calculate the return up to the month when the application is submitted.
The rate of return mentioned in the preceding paragraph shall be calculated to the fourth digit after the decimal point.
Where the return referred to in the first Paragraph is less than the average interest rate of 2-year-term time deposit of local banks during the deposit period, calculation shall be made based on such average interest rate of 2-year-term time deposit.
Article 13
For the collection, payment and custody of the Fund, the Bureau shall stipulate relevant operational regulations and submit to the competent authority for approval.
Article 14
The Bureau shall submit the amounts of collection and payment of the labor pension fund and the accumulated amount to the Supervisory Committee for examination on a monthly basis and to the competent authority for review and record.
The Supervisory Committee shall report the utilization of the Fund to the competent authority for review and record on a monthly basis.
Article 15
The Supervisory Committee shall report the budget and final financial settlement of revenues and payments for the Fund to the competent authority for review and record.
The Supervisory Committee shall establish the accounting system for processing matters concerning the accounting of the Fund.
Article 16
Unless another date of enforcement is separately stipulated, the Regulations shall become effective on the July 1, 2005.
Amendments to the Regulations shall become effective on the date of promulgation.