Chapter 2 Occupational Accident Insurance

   Section 4 Insurance Benefit

     Subparagraph 5 Survivor benefit

Article 49
When an insured person suffers occupational injury or disease leading to death during the period of insurance, the funeral cost payer may seek to collect a funeral grant.
If the insured person under the previous paragraph has a surviving spouse, child, parent, grandparent, grandchild under his/her care or sibling under his/her care, survivors’ pension may be collected in the sequence listed under Article 52 if the following conditions are satisfied:
1.Spouse meeting the conditions under subparagraph 1 or 2, the first paragraph of Article 44.
2.Child meeting the conditions under subparagraph 3, fist paragraph of Article 44.
3.Parent or grandparent aged 55 or more, with monthly work income not exceeding level 1 of the Insured Salary Category Chart.
4.Grandchild meeting the conditions under sections (1) to (3), subparagraph 3, first paragraph of Article 44.
5.Sibling meeting one of the following conditions:
(1)Any event under section (1) or (2), subparagraph 3, first paragraph of Article 44.
(2)Aged 55 or more, with monthly work income not exceeding level 1 of the Insured Salary Category Chart.
If none of the surviving family in the same order of sequence under the previous paragraph meets the conditions for survivors’ pension at the time of the decease of the insured person, a survivors’ lump sum benefit may be collected. After approval and payment by the insurer, no further survivors’ pension shall be collected.
After the insurer approves and pays the survivors’ lump sum benefit in accordance with the previous paragraph, if there is still any other surviving family under the same order of sequence whose name was not listed, no further survivors’ pension shall be collected. The surviving family member who has collected the benefit shall be responsible for the sharing of the benefit received.
If the insured person has accrued insurance seniority before the implementation of the labor insurance pension system on 1 January 2009, in addition to collecting the survivors’ pension in accordance with the second paragraph, surviving family members may also choose to collect survivors’ allowance, without the restriction of the conditions under the second paragraph. Once approved and paid by the insurer, the choice shall not be changed.
Article 50
When the person seeking permanent disability pension in accordance with subparagraph 1 or 2, second paragraph of Article 43 is deceased at the time of collection, the surviving family may seek collection of survivors’ pension if he/she meets the conditions under the second paragraph of the previous article.
If the insured person has accrued insurance seniority before the implementation of the labor insurance pension system on 1 January 2009, in addition to collecting the pension in accordance with the previous paragraph, surviving family members may also choose to collect the amount of difference between the permanent disability lump sum benefit and the total amount of pension already collected, without the restriction of the conditions under the second paragraph of the previous article. Once approved and paid by the insurer, the choice shall not be changed.
Articles 52 and 53 apply mutatis mutandis to the sequence of collection and manner of payment of the amount of difference under the previous paragraph.
Article 51
The standards for funeral grant, survivors’ pension, survivors’ lump sum benefit and survivors’ allowance under the previous two articles are as follows:
1.Funeral grant: Lump sum issuance equivalent to 5 months of the average monthly insured salary of the insured person. However, if the insured person does not have surviving family, 10 months of average monthly insured salary shall be issued.
2.Survivors’ pension:
(1)Survivors’ pension sought in accordance with the second paragraph of Article 49 shall be issued based on 50% of the average monthly insured salary of the insured person.
(2)Survivors’ pension sought in accordance with the first paragraph of the previous article shall be issued at half the amount calculated in accordance with the Permanent disability pension standards.
3.Survivors’ lump sum benefit and survivors’ allowance: Issued at 40 months of average monthly insured salary of the insured person.
When there are two or more surviving family members in the same order of sequence entitled to survivors’ pension, an additional 10% of the amount calculated in accordance with subparagraph 2 of the previous paragraph shall be issued for each one additional person, up to a maximum of additional 20%.
Article 52
The order of sequence for the collection of survivors’ pension, survivors’ lump sum benefit and survivors’ allowance is as follows:
1.Spouse and child.
2.Parent.
3.Grandparent.
4.Grandchild under care.
5.Sibling under care.
When there are family members entitled to survivors’ pension, survivors’ lump sum benefit or survivors’ allowance under an order of sequence, surviving family of the following sequence shall not seek any collection.
If none of the surviving family under the first order of sequence in the first paragraph meets the conditions for collection, or if there is any of the following events and none of the surviving family under the same order of sequence meets the conditions for collection, surviving family under the second order of sequence may seek collection of survivors’ pension:
1.Death.
2.Presentation of waiver declaration.
3.Failure to seek collection within one year from the date on which the conditions for collection are satisfied.
Issuance of survivors’ pension under the previous paragraph shall end when the surviving family under the first order of sequence seeks collection or further meets the conditions for collection and the surviving family shall make the collection under the first order of sequence. However, pension already issued to surviving family under the second order of sequence shall not be re-issued.
Article 53
The funeral grant, survivors’ pension, survivors’ lump sum benefit and survivors’ allowance under the Insurance shall be collected by no more than one person.If two or more persons meet the conditions for collection, the collection shall be made jointly. If no one seeks collection or if another person seeks collection before the insurer’s determination, the insurer shall give notice to each applicant to agree for one of the persons to collect the benefit on their behalf. If an agreement cannot be reached, the average amount of the total benefit shall be issued to each applicant.
If there are two or more surviving family members under the same order of sequence and if one of them seeks to collect the survivors’ pension, the survivors’ pension shall be issued. However, if an agreement is made for the collection of survivors’ allowance or the amount of difference between Permanent disability benefit and the total amount of pension already collected in accordance with the fifth paragraph of Article 49 of the second paragraph of Article 50, such agreement shall prevail.
After the insurer issues the surviving family benefit in accordance with the previous two paragraphs, if there is any other surviving family under the same order of sequence whose name was not listed, the surviving family who has collected the benefit shall be responsible for sharing the benefit.
Article 54
When survivors’ pension is collected, the issuance of the pension shall end if there are any of the following events:
1.Spouse remarries or does not meet the conditions for collection under subparagraph 1, second paragraph of Article 49.
2.Child, parent, grandparent, grandchild or sibling does not meet the conditions for collection under subparagraphs 2 to 5, the second paragraph of Article 49.
3.Any event under subparagraph 3 or 4, second paragraph of Article 44.
Data Source:Ministry of Labor / Law Source Retrieving System Labor Laws And Regulations