Pensions for permanent residents

Before this law, an A( P )RC wasn’t elligible to the pension system (unless he were married then), so he or she wouldn’t have any pension fund.

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To the best of my knowledge, this is the correct interpretation. I started getting pension contributions when I became eligible because of my marriage/APRC. I believe this was just a year ago.

But I believe money was put into the system, we just were not eligible to participate.

Another fine article from International News Lens, which among news outlets has provided by far the best-informed commentary. Implementation of this legislation is up to the Executive Yuan. There’s no clear timeline, but the story below indicates possibly in Spring 2018.

Guy

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Are you sure you’re not confusing this with labor insurance contributions?

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I’m pretty sure…I’ll confirm tomorrow

Are you married?

I think so. Just like taxes. They take more than needed and then give back.

I guess nothing changes for those married to a Taiwanese on an ARC/APRC? That’s the situation I’m in, my employer definitely contributes to pension system on my behalf each month (I see it on my pay stub in English and Chinese), BUT I have never understood whether I will ever get that money someday or not. I’m not sure if this law changes anything?

You’ll now be able to leave Taiwan for up to five years at a time without losing your APRC. That’s my favorite part.

The “old” pension system of the Labor Standards Act wasn’t any use to the average foreigner because you had to stay in one job for x years, but there was no law saying foreigners weren’t eligible for it.

The “new” pension system means the one in the Labor Pension Act, 勞工退休金條例, not to be confused with the labor insurance “pension”.

We actually discussed this earlier in the thread. :doh:

You will get the money. Foreign spouses of taiwan citizens have been included in the pension system since 2015.

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My question still stands…what happens to the monies we have paid each month as laobao. We paid into a pension fund, that money is owed to us. :grandpa:

OK, found some info:

https://iff.immigration.gov.tw/ct.asp?xItem=1217233&ctNode=34333&mp=iff_en

15 years of payments and it looks like you’re in the pink.

If you give 6% of your monthly salary to pension, does your employer match it and also pay 6%?

Here is the same info from MOL.

Old-Age Benefits / labor insurance
http://www.bli.gov.tw/en/sub.aspx?a=n9N84vZDrjw%3D

My question is
should a foreigner work at one same place for 15 years to be eligible? Count of insurance coverage years is reset if a foreigner changes a work place?

Yes but not for the entire time.

How many is X years? I forgot. Does the old carry over to the new? I’m not average for the sake of this conversation (mostly average in every other way), so I’d like to understand how or if they are related.

I believe only the old system pension requires the worker to stay at the same job for x years, so the new system and labor insurance benefits should be applicable no matter how many jobs you’ve had.

And “x” is defined in the Labor Standards Act as…

http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=N0030001

Article 53

A worker may apply for voluntary retirement under any of the following conditions:

  1. Where the worker attains the age of fifty-five and has worked for fifteen years.
  2. Where the worker has worked for more than twenty-five years.
  3. Where the worker attains the age of sixty and has worked for ten years.

Article 57

Workers’ years of service shall be limited to years of employment by the same business entity. In determining the years of service of a worker who is transferred to another business entity owned by the same employer, and in determining accumulated service years recognized by a new employer on a continued basis under Article 20 of the Act, the years of service at the different business entities shall be combined for calculation purposes.


The Labor Pension Act has a clause to allow divorcees to stay in the new system, but I can imagine it might be complicated.

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Thanks…I think I’m beginning to wrap my head around this.

In fact. Article 11 of the passed draft has most of answers to your questions. Here is some quote for you (taken from NDC link ).

Article 11
Foreign professionals who are hired to engage in professional work, and who have been approved for permanent residence by the National Immigration Agency, Ministry of the Interior, shall from the date of enforcement of this Act be included in the retirement pension system under the Labor Pension Act. However, this shall not apply to those who obtained employment prior to the enforcement of this Act and are still serving in the same business entity, provided that, within six months of the date of enforcement of this Act, they submit to their employer a written declaration of opting to remain in the retirement pension system under the Labor Standards Act.
Foreign professionals as referred to in the preceding paragraph who obtain permission for permanent residency after the enforcement of this Act shall be included in the retirement pension system under the Labor Pension Act from the date of said permission. However, this shall not apply to those who obtained employment prior to the enforcement of this Act and are still serving in the same business entity, provided that, within six months of the date on which they receive said permission, they submit to their employer a written declaration of opting to remain in the retirement pension system under the Labor Standards Act.
Those who have once submitted to their employer a written declaration of opting to remain in the retirement pension system under the Labor Standards Act, in accordance with the provisos of the two preceding paragraphs, may not thereafter change to opting for inclusion in the retirement pension system under the Labor Pension Act.
For those included in the retirement pension system under the Labor Pension Act as provided for in Paragraphs 1 and 2, their seniority prior to their inclusion in said system shall be treated in accordance with the provisions of Article 11 of said Act.
To include a foreign professional in the retirement pension system under the Labor Pension Act, his/her employer shall conduct the procedures for payment to the Bureau of Labor Insurance, Ministry of Labor, and shall file no later than fifteen (15) days after the expiration of the time limit stipulated in Paragraphs 1 and 2.

end of quote.

So, you will have the right to stay with LSA or go with a new system. And, if you will decide to go with a new system, your prior seniority will be transferred.

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I reckon there’s a shit load of money sitting in the central bank paid by foreign employees and their employers over the years. And I reckon no one really knows what to do with it.

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