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Article 1. In order to clarify the scope of the supported relatives of the employees killed in work-related accidents, we hereby formulate the present Regulations in accordance with the authorization of section 2, paragraph 1 of Article 37 of the Regulations on Work-Related Injury Insurance. Article 2. The supported relatives of the employees killed in work-related accidents mentioned in the present Regulations, refer to the spouse, children, parents, paternal grand parents, maternal grand-parents, grandchildren, and brothers and sisters of the employees killed. The "children" mentioned in the present Regulations, include legitimate children, illegitimate children, adopted children, and stepchildren who were supported by the employees killed, of which the legitimate children and the illegitimate children shall include posthumous children. The "parents" mentioned in the present Regulations include the natural parents, adoptive parents, and stepparents who were supported by the employees killed. The "brothers and sisters" mentioned in the present Regulations include biological siblings, adopted brothers and sisters, step-brothers and step-sisters who were supported by the employees killed. Article 3. The persons mentioned in the preceding Article who were supported mainly by the employees killed in work-related accidents before their death, and who are under any of the following circumstances, may apply for pensions for the supported relatives according to the provisions: (1) They have lost their working capability entirely; (2)The male spouse of the employee killed in a work-related accident has reached the age of 60, the female spouse has reached the age of 55; (3) The paternal parent of the employee killed in a work-related accident has reached the age of 60, the maternal parent of the employee has reached the age of 55; (4) The children of the employee killed in a work-related accident are under the age of 18; (5) The parents of the employee killed in a work-related accident have both died, and his paternal grand parent has reached the age of 60, and his maternal grand-parent has reached the age of 55; (6) The children of the employee killed in a work-related accident have died or lost the working capability entirely, and his grandchildren are under the age of 18; or (7) The parents of the employee killed in a work-related accident have both died or lost the working capability entirely, and his brothers or sisters are under the age of 18. Article 4. Where a person who receives pensions is under any of the following circumstances, he shall be suspended from enjoying the treatment of pensions: (1) He has reached the age of 18 and does not lose the working capability entirely; (2) He has obtained a job or joined the army; (3) The spouse of the employee killed in a work-related accident is remarried; (4) He is adopted by other people or organizations; or (5) He is dead. Article 5. In case the person receiving the pensions was sentenced to imprisonment and is under execution, he shall be suspended from enjoying the treatment of pensions. When he is released upon completion of his term of imprisonment, and is still qualified for receiving pensions, he shall enjoy the pensions according to the prescribed standard. Article 6. The qualifications for enjoying the pensions of the supported relatives of employees killed in work-related accidents, shall be checked and ratified by the social insurance handling institutions in the region subject to the overall planning. The assessment of the capability of the relatives to be supported of the employee killed in a work-related accident shall be made by the working capability assessment committee at the level of city divided into districts at the locality of the entity of the employee killed in work-related accident before his death. Article 7. The present Regulations shall come into force as of January 1, 2004. |
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