The Labor Pension Act has been amended to expand the eligible subjects, and workers losing working capability may apply for their pension early

The focal points of the current legislative amendment are as follows:

1. The foreign spouses, mainland (including Hong Kong, Macao) spouses who are employed and eligible per the Labor Standards Act are streamlined under the mandatory allocating/remitting subjects, and workers who have acquired the nationality after July 1, 2010 may also be eligible to the new labor pension scheme:
   Following the amended law taking effective, of foreign spouses newly hired conforming to the Labor Standards Act, spouses from the Mainland, Hong Kong and Macao areas, and mandatory remittance allotting subjects under the new labor pension system, the employer shall, effective on the hiring date, deposit the employer has allocated and remitted of the pension at no less than 6% of a worker’s monthly wage by moth to the designated individual account set up at the Bureau of Labor Insurance. As to foreign spouses who have been hired prior to the legislative amendment taking effect and also conforming to the Labor Standards Act, spouses from the Mainland, Hong Kong and Macao areas, and workers who have acquired the local nationality after July 1, 2010 before the legislative amendment taking effect, who continue to service at the same enterprise entity, they are eligible to the new labor pension scheme effective on the legislative amendment effective date (meaning by January 17, 2014); however, a worker who desires to continue using the pension stipulations (the old pension scheme) by the applicable Labor Standards Act, shall indicate so in writing to the employer within a 6-month period following the legislative amendment effective date (meaning prior to July 16, 2014), and once choosing the applicable old labor pension scheme, a worker may no longer choose to change it to the applicable new pension scheme.
   [As part of the public convenience policy, the Bureau of Labor Insurance will proceed to allocate the remit the pension under the new labor pension scheme based on the insured’s information following the Labor Standards Act governed subscription entity’s labor (employment) insurance takes effect, and also notify the insured in a separate letter].
2. The self-employed operators may voluntarily allocate and remit the labor pension:
   In care that self-employed operators also having the need to prepare for retirement, it has therefore been deregulated for self-employed operators to voluntarily allocate and remit the pension within the allocation and remittance ratio of 6% for depositing in the designated individual labor pension account set up at the Bureau of Labor Insurance. The self-employed operators, reaching the age of 60, may apply with the Bureau of Labor to claim whose designated individual labor pension account’s accumulated pension and gains.
   [The self-employed operators voluntary allocating/remitting labor pension application]
3. When an employer should fail to truthfully declare or adjust the labor pension allocating/remitting wage, the Bureau of Labor Insurance, upon verifying it to be true, may proceed to correct it or adjust it:
   To safeguard the workers’ pension equity, and to avoid the employer failing to truthfully declare or adjust the labor pension monthly allocated/remitted wage as regulated, the Bureau of Labor Insurance has been authorized, upon verification, to proceed to correct it or adjust it, and which is to take effect retroactively going back to the allocation/remittance date or the first of the following month of the declarable/adjustable date.
4. The employer shall set up a hiring workers manifest, and also retain in up to five years following a worker resigns, and of violators, there are pertinent penalty clauses:
   The employer shall set up a hiring workers manifest (including the hiring/resignation dates, attendance working records, wages, monthly allocation/remittance records and so forth), and which shall be retained up to five years following a worker resigns. When failing to set up the manifest or retain the documents, and still failing to adopt improvement at the expiry of the improvement period, a penalty fine is to apply at over NT$20,000 up to NT$100,000 per month until the correction has been made.
5. Workers losing their working capability may apply early to claim their designated individual labor pension account’s accumulated pension and gains:
   Workers under the age of 60 who have collected the labor insurance disability annuity payout or the onetime disability payout on level three disability or higher or have collected the national pension physical/mental handicap payout or the physical/mental handicap basic guarantee annuity payout, or the insured other than on the labor insurance or national pension who are eligible to apply to claim the foresaid payout standards may apply early to claim whose designated individual labor pension account’s accumulated pension and gains. Those with working seniority reaching 15 years may apply to claim for the monthly retirement payment or lump-sum retirement payment; those working less than 15 years may apply to claim for lump-sum retirement payment.
   (The early pension filing application and receipt)
6. Adjusting the enterprise entity’s annuity insurance induction threshold to facilitate enterprises entities induct the annuity insurance:
   As opposed to the annuity insurance induction threshold initially set to hiring 200 or more workers and subject to the industry associations’ consent (in the absence of an industry association, it is subject to one-half of the workers’ consent) and also required over one-half of the workers participating in it, it has now been adjusted to hiring over 200 workers, and subject to the industry association’s consent, but without requiring the consent of a labor-management meeting.