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Regulations for Calculating Seniority for Elderly Pensions in Taiwan

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Q:
Can I claim the Taiwan labor insurance old-age benefit if I meet the requirements for seniority and age?
A:
In addition to seniority and age complying with the regulations of the Labor Insurance Bureau, the insured must also confirm the resignation and withdrawal of insurance and fill in the date of resignation and withdrawal (the last day of employment) in the application form for old-age benefits to meet the requirements for claiming.

Q:
When applying for a one-time old-age benefit versus a monthly pension in Taiwan, are there different regulations for seniority calculations?
A:
If you choose the lump-sum old-age benefit, the age before 60 is calculated up to a maximum of 30 years (for the first 15 years, one year of seniority provides one month of benefits, and for each year after 15 years, two months of benefits are provided, with a payment limit of 45 months). The age after 60 is calculated up to a maximum of 5 years but when combined with the monthly benefit before the age of 60, the maximum payment is up to 50 months. If you choose to receive a pension, there is no upper limit on the insurance seniority, and it can be calculated up to the date of insurance termination.

Q:
For those who choose the one-time claim of Taiwan’s labor insurance old-age benefit, if they continue to work after the age of 60 and their seniority has already reached 5 years and cannot be increased further, can they proceed to terminate their insurance?
A:
  1. Labor insurance is insurance for those who are employed. According to the regulations, workers aged between 60 and 65 who are employed by a business unit that has completed commercial registration and employs more than 5 workers are compulsory insured under labor insurance. Unless an employee resigns, they cannot terminate their insurance. If an employer falsely reports an in-service employee for insurance termination and it is verified as true, a penalty four times the insurance premium due for the period not covered will be imposed according to the regulations. If an employee suffers loss of benefits due to this, the insured unit (employer) is responsible for compensation.
  2. To ensure that older workers still enjoy the protections of labor insurance during their employment period, workers who continue to work after reaching the age of 65 can choose to continue participating in labor insurance.

Q:
For those who opt for a one-time claim of Taiwan's labor insurance old-age benefits, with a maximum of 5 years of seniority counted after the age of 60, can the premiums paid during the period that cannot be counted towards seniority be refunded at the time of claiming the old-age benefits?
A: Labor insurance is a comprehensive insurance scheme, and the premiums paid are not solely for the purpose of securing retirement income in old age. Insured persons under labor insurance also enjoy related protections during the insurance period, such as maternity, occupational injury and medical care, sickness, disability, death, etc. Therefore, even if the seniority cannot be included in the calculation at the time of applying for the old-age benefit, the insurance premiums paid cannot be refunded.

Q:
Is it required for a responsible person (business owner) to join Taiwan's labor insurance? Can a responsible person apply for Taiwan's old-age benefits? Can one continue to be a responsible person after receiving old-age benefits?
A:
  1. According to the regulations of the Labor Insurance Bureau, only employers who engage in labor can participate in labor insurance with their employees as the same insured unit, and they are voluntary subjects for labor insurance.
  2. Employers who engage in labor and are legally insured as insured persons are entitled to the various insurance benefits of labor insurance, the same as employed insured persons. If they resign and terminate their insurance in accordance with the regulations of the Labor Insurance Bureau, they are eligible to claim old-age benefits.
  3. The insured unit will not be prevented from continuing to serve as the responsible person of that unit simply because the responsible person retires and receives old-age benefits. However, if the responsible person for company licensing has changed, it is necessary to proceed with the change of responsible person procedures with the Labor Insurance Bureau.

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