Business Topic

Survivor Benefits

1. Items of Survivor Benefits, Qualification and Benefit Payment Standards
1. (1) Funeral grant
  According to the average monthly insured salary for the 6 months before the death of the insured, a 5-month funeral grant will be distributed, and if there are no surviving family members’, a 10-month funeral grant will be distributed to those who pay the funeral expenses.
2. (2) Survivor pension
  1. ①　If the insured suffers occupational injury and death during the effective period of the insurance, or passes away during the period of receiving the complete or severe permanent disability pension, the insured’s surviving dependent spouse, childs, parents, grandparents or grandchilds or siblings who Meeting the Qualification of survivor pension, may apply for the survivor pension.
    ※ Benefit Standard:
    50% of the average monthly insured salary for the 6 months before the month of the death of the insured will be distributed. If the insured dies during the period of receiving the complete or severe permanent disability pension, half of the amount calculated on the basis of the permanent disability pension will be distributed.
  2. ②　Additional surviving family members’ benefits: When there are two or more surviving family members in the same order of sequence entitled to survivor pension, an additional 10% of the amount calculated shall be issued for each one additional person, up to a maximum of additional 20%.
    ※ The priority of survivor pension:
    ① A spouse, child. ② Parents. ③ Grandparents. ④ Grandchilds supported by the insured person. ⑤ Siblings supported by the insured person. If none of the surviving family under the first order 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 survivor 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.
3. (3) Survivor allowances:
  If the insured has already been covered by the insurance before the implementation of the labor insurance pension on January 1, 2009, surviving family may choose to apply for lump-sum survivor allowances.
  ※ Benefit Standard:
  The lump-sum amount of 40 months of the average monthly insured salary of the first 6 months from the month of the death of the insured will be distributed.
  ※ The priority of survivor allowances:
  When there are family members entitled to survivor allowances under an order of sequence, surviving family of the following sequence shall not seek any collection.
4. (4) Lump-sum survivor benefits
  If the insured applies for the insurance for the first time after January 1, 2009, upon the death of the insured and all of the surviving family members’ do not meet the requirements of the s survivor pension, they may apply for the ump-sum survivor benefits.
  ※ Benefit Standard:
  The lump-sum amount of 40 months of the average monthly insured salary of the first 6 months from the month of the death of the insured will be distributed.
  ※ The priority of Lump-sum survivor benefits:
  When there are family members entitled to Lump-sum survivor benefits under an order of sequence, surviving family of the following sequence shall not seek any collection.
  ※ Surviving family members may choose to collect Survivor pension, survivor allowances, or Lump-sum survivor benefits. Once approved and paid by the insurer, the choice shall not be changed.
5. (5) For the monthly insured salary during the uninsured period of the uninsured workers who shall be insured and do not apply for the insurance according to the regulations shall be determined according to the level of the insured salary level corresponding to the actual total monthly salary. However, it shall not be higher than the level corresponding to the average monthly insured salary in the latest statistical annual report of the insurance announced by the insurer at the time of death of such worker. If no relevant salary information is provided, the calculation shall be made according to Level 1 of the insured salary.
2. Application Procedure
1. (1) The following documents shall be submitted when applying for funeral grants:
  - ●　Application forms for Survivor Benefits and Receipts of payments.
  - ●　Death certificates or written autopsy reports issued by the public prosecutors.
  - ●　Copies of the certificate of household registration for the whole household with the dates of death recorded and the benefit applicant's current address household registration certificate which is applied and issued after the day the insured persons die.
  - ●　Receipts or evidencing documents for funeral expenses.
2. (2) The following documents shall be submitted when applying for survivor allowances:
  - ●　Application forms for Survivor Benefits and Receipts of payments.
  - ●　Death certificates or written autopsy reports issued by the public prosecutors.
  - ●　Copies of the certificate of household registration for the whole household and the benefit applicant's current address household registration certificate which is applied and issued after the day the insured persons die.
3. (3) The following documents shall be submitted when applying for Survivor Pension:
  - ●　Application forms for Survivor Benefits and receipts of payments.
  - ●　Death Certificate or written autopsy reports issued by public prosecutor and in the event of legally proclaiming death, the related court decisions.
  - ●　Certificates of whole household registration with the dates of death recorded. If the beneficiaries are the adopted children, the dates of the adoption shall be recorded; if the beneficiaries and the deceased are not under the same household registration, the household registration certificates for both the deceased and the beneficiary shall be submitted; if the beneficiary is the spouse, the date of the marriage shall be recorded in the certificate.
  - ●　Other documents required are as follows:
    - —　If the dependents are qualified as “in school” (children or grandchildren): Proof of “In School” or Receipts of tuition shall be submitted. The “in school” certificate or receipt of tuition shall be resubmitted to the insurer for examination every year before the end of September. If the conditions meet the qualification, the survivor pension shall continue to be granted until the end of August of the next year.
    - —　If the dependents are qualified as “No capability of earning a livelihood”: Severe Physical or Mental Disability Manual or proof of such disability, or documents proving an interdiction is placed on the dependent.
    - —　If the dependents are qualified as “dependent of the insured person” (grandchildren or brothers and sisters): Related documents proving that the dependents are raised by the insured person.
4. (4) Applying for the lump-sum survivor benefits shall provide the following documents:
  - ●　Application forms for Survivor Benefits and receipts of payments.
  - ●　Death Certificate or written autopsy reports issued by public prosecutor and in the event of legally proclaiming death, the related court decisions.
  - ●　Certificates of whole household registration with the dates of death recorded. If the beneficiaries are the adopted children, the dates of the adoption shall be recorded; if the beneficiaries and the deceased are not under the same household registration, the household registration certificates for both the deceased and the beneficiary shall be submitted.
  - ●　If the insured passes away, all relevant documents that do not meet the requirements for the distribution of the survivor pension.
5. (5) If the dependents are foreign nationals who are living in the country, copies of residence permit, passport or Permit for entering and leaving the country shall be submitted.
6. (6) In the event that the applicants of the foreign labor are in a foreign country and unable to collect the payment in Taiwan, they shall prepare Power of Attorney and documents to entrust the insured unit or relatives in Taiwan to receive and transfer the payment, or remit the amount to their bank account.
7. (7) If documents issued by foreign countries are submitted, a Chinese-translation of those documents shall be provided and the documents shall be validated by our diplomatic or representative agencies overseas. If the Chinese translation does not validated, it shall be notarized by the court of laws of this country or notary.
8. (8) Documents or proof issued by officials in Mainland China area shall be validated by China 's Notary and related organization approved by this country. (Note: Straits Exchange Foundation)
9. (9) If the persons who claim for survivor pension are minor, under age or have no or limited legal capacity, the Application form and receipts for payment for the survivor pension shall also be signed or sealed by the guardian, the certificate of household registration of the guardian shall also be submitted.
10. (10) If the dependents have no household registration in this country, their ID and related proof documents should be enclosed with the application, and the ID and related proof documents shall be resubmitted every year for examination. If the ID and related proof documents are issued by foreign countries, Hong Kong, Macau or Mainland China , a Chinese translation shall be included and the documents shall be validated by component agencies according to the regulations.
3. Points for Attention
1. (1) Once one of the Survivor Allowances, Lump-sum survivor benefits or Survivor Pension benefit is selected, approved and paid by the insurer, it could not be changed again, hence, the applicants should carefully consider the benefit items in application.
2. (2) According to Paragraph 1 of Article 1094 of the Civil Code, when both parents cannot exercise the rights nor assume the duties in regard to a minor child, or when the parents die without appointing any guardian by a will, or the appointed guardian refuses to be sworn, the following shall be determined as the guardian in order:
  - ●　Grandparents living in the same household with the minor.
  - ●　Elder brothers or sisters living in the same household with the minor.
  - ●　Grandparents not living in the same household with the minor.
3. (3) According to the regulation in Article 11 of Household Registration Act: For those people under disability or with restricted disability, when they are placed, selected, altered, considered, appointed, or delegated a guardian, they should register for guardianship.
4. (4) If the applicants wish to receive the death benefit by wiring to a foreign financial institution, they should bear the foreign remittance charge (remittance charge is based on the charging standard of the domestic financial institutions for remittance) and the expense would be deducted from the amount of death benefits monthly.
5. (5) If the insured person has withdrawn from the insurance when their dependent selects to claim or change to claim to survivor pension, the insured unit's seal is not needed.

Last Update：2024-09-27