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10. In the event of a worker’s death, is there a time limit within which his or her surviving family members or claimants designated in the worker’s will must apply in order to receive the pension benefits?

In the event of a worker’s death, his or her surviving family members or claimants designated in the worker’s will must apply to the Bureau of Labor Insurance within 10 years from the next day of the worker’s death to receive labor pension benefits.

Note: Before the enforcement of the amended Labor Pension Act on May 17, 2019, the extinctive prescription for the right of claim was five years. If the extinctive prescription has already been completed before the implementation of the amendment (referring to cases where the worker was dead on or before May 16, 2014), such workers shall be, in accordance with the principle of non-retroactivity, applicable to the provisions of the Act before its amendment. In other words, their rights for claiming the pension payment are extinguished ipso facto after the lapse of the five-year period.

Last Update:2019-08-06
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