The Seafarer Act Article 53

In order to protect the retirement benefit of seafarers, the retirement system prescribed by the Labor Pension Act shall apply to the retirement matters for seafarers of R.O.C. nationality, unless those who have not opted for the retirement system under the LaborPension Act pursuant to Article 9 of the Labor Pension Act.For the standard for payment of employee’s pension as mentioned in the proviso of the preceding paragraph, the seniority of service before the enactment of this Act shall be computed in accordance with Paragraph 4 of Article 51, while the seniority of service after the enactment of This Act shall be computed in accordance with Article 55 of the Labor Standard Law.For seafarers who are employed by the same employer after applying the retirement system prescribed in the Labor Pension Act, their seniority of service before such application shall be reserved. For the standard of payment of their pension, the seniority of service before the enactment of this Act shall be computed in accordance with Paragraph 4 of Article 51, while the seniority of service after the enactment of This Act shall be computed in accordance with Article 55 of the Labor Standard Law.The employer shall allocate a pension reserve for seafarers in the preceding two paragraphs pursuant to Article 56 of the Labor Standard Law.For the seafarers who apply to the retirement system under the Labor Pension Act, the severance pay shall be paid in accordance with Articles 39 and 54.For seafarers hired by the same employer for on-shore work, the seniority of service shall be combined for computation as the retirement conditions, and the pension shall be computed on the average wage specified in Article 2 of the Labor Standard Law according to their onboard and on-shore work respectively.The right to claim the pension payment shall be extinguished by prescription if not exercised within five (5) years commencing from the month following retirement.