Q：
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What are the standards for death benefits for the insured in Taiwan?
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A：
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Funeral Allowance: A funeral allowance equal to five months of the insured’s average monthly insured salary for the six months preceding (including) the month of death is granted. If the deceased’s survivors do not qualify for a survivor’s pension or survivor’s allowance, or if there are no survivors, the person who incurs the funeral expenses is granted a ten-month funeral allowance.
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Survivor’s Pension:
(1)
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If the insured passes away during the period of insurance coverage: the pension is calculated based on the insured’s total insurance years. For every full year of insurance, 1.55% of their average monthly insured salary is given.
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(2)
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If the insured withdraws from the policy and dies while receiving disability annuity benefits or old-age annuity benefits, or if the insured person has been insured for 15 years or more and meets the qualifications for receiving old-age benefits set by the Bureau of Labor Insurance but pass away before receiving old-age benefits: the insured person shall be deemed to be disabled. Half of the amount calculated from the annuity or old-age annuity benefit standard will be paid.
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(3)
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If the calculated pension amount is less than NT$3,000, NT$3,000 is given.
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(4)
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Additional Survivor Benefits: When there are two or more survivors in the same order, an additional 25% is provided for each additional person, up to a maximum of 50%.
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Survivor’s Allowance: For deaths due to general illness or injury, the survivor’s allowance is based on the insured’s average monthly insured salary for the six months preceding (including) the month of death. The standards for issuance are as follows:
(1)
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Less than 1 year of total insurance years: 10 months.
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(2)
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1 year but less than 2 years of total insurance years: 20 months.
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(3)
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More than 2 years of total insurance years: 30 months.
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Q：
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What are the standards for death benefits for insured individuals in Taiwan if there is no beneficiary designated by the Labor Insurance Bureau? If designation is not possible, how can one apply for the funeral allowance?
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A：
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The survivor’s allowance or survivor’s pension from labor insurance in the event of the insured’s death are not considered part of the estate and must be received in accordance with the order of beneficiaries specified by regulation. The insured cannot designate beneficiaries on their own.
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If the insured person passes away and the survivors do not meet the conditions for applying for the survivor’s pension or survivor’s allowance, or if there are no survivors, the person who paid for the funeral expenses can apply for a ten-month funeral allowance by submitting the required documents.
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Q：
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When an insured person in Taiwan passes away and leaves a spouse, can the parents apply for survivor benefits?
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A：
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1.
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The order of claiming survivor’s allowance and pension is clearly defined by the Labor Insurance Bureau. If there is a preceding beneficiary, subsequent survivors cannot claim.
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2.
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However, if the first-order beneficiaries (spouse and children) fall under one of the following situations, the second-order beneficiaries (parents) can claim the survivor’s pension:
(a).
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All do not meet the claiming conditions.
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(b).
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Pass away during the period for claiming the survivor’s pension.
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(c).
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Are missing or abroad.
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(d).
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Have submitted a waiver to claim.
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(e).
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Have not claimed within one year after meeting the claiming conditions.
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3.
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If the first-order survivors later claim or meet the claiming conditions, payments stop, and the pension is claimed by the first-order survivors. However, pensions already paid to second-order survivors cannot be reclaimed, and no supplemental payments are made to the first-order survivors.
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4.
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Exception: If the spouse provides a consent form waiving their right to claim the survivor’s allowance, then the parents can claim within the claiming period. The consent form must be stamped with a seal and accompanied by a seal certificate or be certified by a court or a public notary.
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Q：
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In cases where a foreign worker dies or the deceased’s family members do not have a household registration in Taiwan, how should one apply for death benefits?
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A：
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If the beneficiary comes to Taiwan in person to claim, they must submit proof of the familial relationship, a copy of the beneficiary’s passport, and a copy of their residence permit. If they do not have a residence permit, a copy of the entry and exit permit should be submitted (please stamp the copy with the seal of the insured unit to prove it matches the original).
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If the beneficiary is unable to come to Taiwan to claim the benefits, they can draft a power of attorney and submit it along with identification documents and proof of the familial relationship. They may choose to have someone else collect and transfer the benefits on their behalf or have the benefits remitted to their overseas account.
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The power of attorney and supporting documents should include both the original and a Chinese translation (death certificates and documents proving familial relationships in English that are sufficiently clear do not need to be accompanied by a Chinese translation). These should be verified by Taiwan’s foreign missions. If the Chinese translation is not verified, it should be certified by a court or a public notary; documents issued from China, Hong Kong, or Macao must be notarized by a Chinese notary office and verified by the Straits Exchange Foundation or the Taipei Economic and Cultural Office in Hong Kong or Macao. When filling out the application form, the “Applicant’s Name” should be the beneficiary’s information, and the “Applicant’s Signature” field should be signed by the person being authorized. If the authorized person is the insured unit, the stamp of the insured unit and the responsible person should be affixed.
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Beneficiaries claiming survivor’s pensions must resubmit identification and relevant documents for review by the Labor Insurance Bureau annually. Documents from foreign countries, Hong Kong, Macao, or China must include a Chinese translation and be properly verified according to regulations.
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Q：
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When an insured person in Taiwan passes away and divorced with their spouse, and they have underage children, how can one claim their death benefit?
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A：
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If the beneficiary is underage and their biological father (or mother) is still alive, even if they are divorced from the insured person, they are still the legal representative of the beneficiary according to the law. The application should be co-signed and stamped by the father (or mother), and a copy of the legal representative’s current household registration should be attached for the claim.
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If both parents are unable to exercise or bear the rights and obligations towards their underage child, a guardian may be appointed according to regulations. If no guardian has been appointed, the insured person’s employer unit may notify the Labor Insurance Bureau to arrange for the interest-accruing storage of the survivor’s allowance or survivor’s pension.
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FAQ
