Title:
Labor Insurance Act ( 2021.04.28 Modified )

  CHAPTER 4 INSURANCE BENEFITS

   Section 7 Survivor Benefits

Article 62
In the event of death of the father, mother, spouse, or child of an insured person, he may claim funeral grant pursuant to the following provisions:
1.Three-months' salaries on the basis of his average monthly insurance salary in the event of the death of his father, mother, or spouse;
2.Two-and-a-half months' salaries on the basis of his average monthly insurance salary in the event of the death of his child It least twelve years of age, or
3.One-and-a-half months' salaries on the basis of his average monthly insurance salary in the event of the death of his child less than twelve years of age.
Article 63
In the event of the death of an insured person during the effective period of the insurance, the person who pays for the funeral could claim for funeral grant, furthermore, the insured person's spouse, child, parents, grandparents, or dependent grandchildren, brother(s) or sister(s) may also claim for survivor's benefits.
The provisions for the survivors in previous paragraph to claim for survivor's benefit are as follow:
1.Spouse that conform to the regulations in first or second subparagraph of first paragraph of article 54-2.
2.Children that conform to the regulations in third subparagraph of first paragraph of article 54-2.
3.Parents and grandparents who are at least fifty-five years of age and the monthly work salary do not exceed the first level in Table of Grades of Insurance Salary.
4.Grandchildren that conform to either one of the condition in the regulations of first item to third item of third subparagraph of first paragraph of article 54-2.
5.Brothers and Sisters that conform to one of the following criteria:
(1)has the situation in the regulations of first item to third item of third subparagraph of first paragraph of article 54-2.
(2)are at least fifty-five years of age and the monthly work salary do not exceed the first level in Table of Grades of Insurance Salary.
For the insured person in paragraph one and already has insurance coverage years before the promulgation and enforcement of the amendments for this Act on July 17, 2008, the survivors of the insured not only could claim for pension according to the regulation in preceding paragraph, the survivors could also choose to claim for a lump sum survivor grant excluding the limits in preceding criteria. However, if the insurer has approved the onetime payment, it could not be changed anymore.
Article 63-1
In case the insured person dies during the period of cancelling the insurance, receiving disability pension or old-age pension, the survivors of the insured who conform to the regulations in the second paragraph of previous article could claim for Survivors' pension Benefit.
For the insured person in preceding paragraph who already has insurance coverage years before the promulgation and enforcement of the amendments for this Act on July 17, 2008, his/her survivors not only could claim for pension benefit according to the preceding paragraph, they could also choose to claim a lump sum disability benefit or old-age benefit after deducting the amount of pension already received free of the limitation in second paragraph of preceding Article, however, once the amount is approved and paid by insurer, it could not be changed any more.
In case of insured person who already has at least fifteen years of insurance coverage and conform to the regulations defined in second paragraph of article 58, and die before claiming old-age benefit, the survivors of the insured who conform to the regulations in second paragraph of previous article could claim for Survivors' pension Benefit.
For the insured person in preceding paragraph who already has insurance coverage years before the promulgation and enforcement of the amendments for this Act on July 17, 2008, his/her survivors not only could claim for pension benefit according to the prec
Article 63-2
The benefit standards for the funeral grant, Survivors' pension and survivors' allowance stipulated in the previous two articles are as follows:
1.Funeral Grant: Five-months survivors' benefits shall be payable in one lump sum on the basis of insured person's average monthly insurance salary. If his/her survivors do not qualify to claim Survivors' pension benefit or survivors' allowance or the insured doesn't have any living survivor, a ten-months survivors' benefit shall be payable in one lump sum on the basis of insured person's average monthly insurance salary.
2.Survivors' Pension:
(1)Claiming for Survivors' pension according to the regulations in article 63: It is calculated based on 1.55% of the average monthly insurance salary for every insurance coverage year of the insured person.
(2)Claiming for Survivors' pension according to the regulations in preceding article: Half of the amount of disability pension or old-age pension should be payable to the survivors.
3.Survivors' allowance:
(1)Ten-months survivors' benefits shall be payable in one lump sum on the basis of the insured person's average monthly insurance salary in case his/her insurance coverage is less than one full year;
(2)Twenty-months survivors' benefits shall be payable in one lump sum on the basis of the insured person's average monthly insurance salary in case his/her insurance coverage is at least one full year but less than two full years; or
(3)Thirty-months survivors' benefits shall be payable in one lump sum on the basis of the insured person's average monthly insurance salary in case his/her insurance coverage is at least two full years.
If the amount of Survivors' pension in second subparagraph of preceding paragraph is less than 3,000 NT dollars, then 3,000 NT dollars shall be granted.
In case there are at least two survivors listed on the same payment order, 25% more of the standard survivor's pension payments will be granted for every extra survivor. The maximum extra payment will be 50% of the standard payment.
Article 63-3
The survivors should pick one to apply when they are qualified for at least 2 types of survivor's pension payments.
Recipient of this Act's funeral grant, survivor pension benefit and survivor allowance is limited to one person only. In case there are at least two persons who are qualified to claim the benefits, they should jointly claim the benefits. If they don't jointly claim the benefits or another qualified person submit a claim before the insurer approve the claim, the insurer should notify the applicants to negotiate and elect one of them to represent them in drawing the claim. When the qualified survivors could not or unable to reach an agreement, the total amount of calculated highest amount of funeral grant, survivor allowance and survivor pension would be evenly distributed among the applicants.
Should there are at least two qualified person on the same claiming order and one of them has claimed survivors' pension benefit, the benefits should be granted. If they jointly agree to claim a lump sum benefit according to third paragraph of article 63 and second and fourth paragraph of article 63-1, the benefits would be granted according to their agreement.
After the insurer has granted survivors' benefit according the preceding two paragraphs, if there is any qualified survivor with the same claiming order, the survivor who draws the benefits should be responsible to distribute the benefits to other qualified survivors with the same claiming order.
Article 63-4
Survivor's pension payments shall be suspended if the survivors have one of the following condition during the receiving period:
1.Spouse:
(1)Re-married;
(2)is less than 55 years of age and the children he/she supports are not qualified for the application conditions stipulated in second subparagraph of second paragraph of article 63;
(3)doesn't conform to the claiming criteria stipulated in first subparagraph of second paragraph of article 63.
2.Children, parents, grandparents, grandchildren, brothers and sisters who don't conform to the claiming criteria in second to fifth subparagraph of second paragraph of article 63.
3.Should there is any condition as described in third and fourth subparagraph of third paragraph of article 54-2.
Article 64
In case the insured person's death caused by occupational accident, the person who pays for the funeral expenses could claim for funeral grant according to first subparagraph of paragraph one of article 63-2, and the survivors who conform to the regulations in paragraph two of article 63 could claim for Survivors' pension benefit and a ten-month occupational accident compensation based on the insured's average monthly insurance salary.
In case the survivors of the insured person in preceding paragraph claim for a lump sum survivors' allowance according to the third paragraph of article 63, a forty-month based on the insured's average monthly insurance salary should be granted.
Article 65
Survivors' pension benefits and survivors' allowance shall be payable to the entitled survivors(s) according to the order prescribed below:
1.spouse, son and/or daughter;
2.father and/or mother;
3.grandfather and/or grandmother;
4.grandson and/or granddaughter;
5.brother(s) and/or sister(s).
Survivors listed on the rear order as stipulated in the previous paragraph are not entitled to apply for survivor's pension benefits or survivor's allowance if survivors listed on the front still exist.
Should the survivors listed in first order are all disqualified for the survivor's pension payments or having one of the following conditions when there is no survivor qualified in the same order, the survivors in the second order could claim for survivor's pension benefit:
1.die while claiming the survivor pension benefit;
2.nowhere to be found or are in overseas;
3.submit a claiming waiver;
4.don't submit an application within one year when qualified for claiming benefits.
When the survivor in the first order of previous paragraph claim the benefits or re-conform to the claiming criteria, the benefit would not be granted to other survivors and the survivors in the first order could claim the benefits; however, if the benefits are already granted to the survivors in the second order, the benefits would not be reissued to the survivors in the first order.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations