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Rules for Claiming Occupational Accident Survivor Annuity

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Q: Is the survivor’s annuity provided for a lifetime?
A: No necessarily. The eligibility requirements for receiving a survivor’s pension vary based on the survivor’s status. The pension is only provided when these requirements are met. If a survivor no longer meets the eligibility criteria, the Bureau of Labor Insurance will stop pension payments starting from the month following the change in status.

Q: If there are two or more people applying for the funeral allowance or survivor’s pension, how is it distributed? What happens if they cannot come to an agreement?
A: When two or more people apply for the funeral allowance or survivor’s pension, they should jointly receive the payment. If they do not collect it together, or if another applicant submits a claim before the Bureau of Labor Insurance decides, the Bureau will issue a written notice requiring them to reach an agreement within 30 days. If no agreement is reached, the total benefit amount will be equally divided among them.

Q: If some survivors in the same priority order want to receive the survivor’s pension while others want to receive the survivor’s allowance, how is this handled?
A: The Bureau of Labor Insurance will issue a written notice requesting the applicants to reach an agreement within 30 days. If they fail to do so, the Bureau will provide the survivor’s pension in accordance with the Labor Occupational Accident Insurance and Protection Act.

Q: Can any survivor claim the survivor’s pension?
A: The purpose of the survivor’s pension is to provide long-term support for the insured person’s dependents. Therefore, not all family members are eligible; they must meet specific qualifications as follows:
  1. Spouse: must meet one of these conditions:
    (a)
    Be at least 55 years old and have been married to the insured for at least one year. (This requirement is waived if the spouse has no means of support or is responsible for children who meet the criteria below.)
    (b)
    Be at least 45 years old, married to the insured for at least one year, and have a monthly work income not exceeding TWD 27,470.
  2. Children: must meet one of these conditions:
    (a)
    Be under 18 years old.
    (b)
    Be unable to support themselves.
    (c)
    Be under 25 years old, enrolled as a student, and have a monthly work income not exceeding TWD 27,470.

  3. Parents and grandparents: must be at least 55 years old and have monthly work income not exceeding TWD 27,470.
  4. Grandchildren: must be dependent on the insured and meet one of the above conditions for children.
  5. Siblings: must be dependent on the insured and meet one of these conditions:
    (a)
    Be under 18 years old.
    (b)
    Be unable to support themselves.
    (c)
    Be at least 55 years old and have a monthly work income not exceeding TWD 27,470.

Q: Under what circumstances can a survivor claim the survivor’s pension?
A: A qualified survivor can claim the survivor’s pension under the following conditions:
  1. The insured person passes away due to an occupational injury or illness while covered by the insurance.
  2. The insured person passes away after leaving the insurance program but was receiving a full or severe disability pension at the time of death.

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