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  • Interpretation
  • No.398【Under Translation】
  • Date
  • 1996/03/22
  • Issue
    • Article 18, Subparagraph 4, of the Farmers Association Act provides that moving out of an area where a farmers association [the term ‘cooperative’ is often used in the U.S.] is located will result in termination of membership. May said provision be adopted as a basis for suspending the comprehensive farmers health insurance coverage for the person who continues to maintain his status as a farmer and to pay his premium when due but moves away from the area where his farmers association is located? If so, does it conflict with Article 6 of the Farmers Health Insurance Act and Articles 7 and 10 of the Constitution?
  • Holding
    •        A farmers association aims to protect the rights and interests of farmers, to increase their knowledge and skills, to promote modernization of agriculture, to increase income generated by production, to improve living standards for farmers, and to develop the economy in farming communities. Therefore, people living in an area where a farmers association is located and who actually engage in agricultural activities may join the association as members in accordance with the laws. Since a farmers association serves the farmers living in an area where the association is located, prerequisite for membership should naturally be "domicile in an area where an agricultural association is located" and "actual engagement in agricultural activities." Article 18, Subparagraph 4, of the Farmers Association Act provides that moving out of an area where a farmers association is located will result in termination of membership. Such provision is natural for legal effect and does not contradict Articles 7 and 10 of the Constitution. However, with reference to Article 6 of the Farmers Health Insurance Act, if a member of a farmers association moves away from the area where the farmers association to which he/she has been a member is located but still engages in agricultural work, his/her status as the insured under the health insurance for farmers shall not be affected. Accordingly, he/she may continue to pay premiums in accordance with regulations for coverage of the said insurance. Relevant decrees issued by the competent authority shall correspond with the aforesaid intention to uphold the purpose of the Farmers Health Insurance Act, which is to safeguard the health of farmers.
  • Reasoning
    •        As stipulated in Articles 1, 12 and 14 of the Farmers Association Act, a farmers association aims to protect the rights and interests of farmers, to increase the knowledge and skills of farmers, to promote modernization of agriculture, to increase income generated by production, to improve living standards for farmers, and to develop the economy in farming communities. Therefore, people living in an area where a farmers association is located and who actually engage in agricultural activities may join the association as members in accordance with the laws. Since a farmers association serves the farmers living in an area where the association is located, a prerequisite for membership should naturally be "domicile in an area where a farmers association is located" and "actual engagement in agricultural activities." Article 18, Subparagraph 4, of the Farmers Association Act provides that moving out of an area where a farmers association is located will result in termination of membership. Such provision is natural for legal effect. Since registration of domicile change is done out of the free will of the party concerned, hence, there shall be no contradiction with Article 10 of the Constitution: "The people shall have freedom of domicile and freedom to change domicile." Furthermore, since a person who actually engages in agricultural work is not prohibited by regulations relevant to the Farmers Association Act from applying for membership at a grass-roots farmers association located in the area to which he/she has recently moved, hence, there shall also be no contradiction with the equal protection right under Article 7 of the Constitution. Health insurance for farmers is one type of social insurance. With reference to Article 6 of the Farmers Health Insurance Act, farmers, based squarely on such status, shall be entitled to farmers health insurance. The Farmers Health Insurance Act stipulates: "A member of a farmers association as defined in Article 12 of the Farmers Association Act shall take out this insurance to become a policyholder, and choose the grass-roots farmers association to which he/she belongs as group insurance applicant” (Article 5, Paragraph 1); and "A farmer aged fifteen and above, who is not a member of the aforesaid farmers association but enrolls in this insurance plan, shall choose the grass-roots farmers association located in the same area as his/her domicile to be the group insurance applicant" (Article 5, Paragraph 2) merely provide the responsible scope for a grass-roots farmers association regarding arrangement of health insurance for farmers, and it shall not be interpreted that maintaining membership in a farmers association or domicile registration in an area where the group insurance applicant took out the original insurance is the prerequisite for entitlement to the rights and interests of health insurance for farmers. Therefore, if a member of a farmers association moves away from the area where the farmers association in which he/she has been a member is located but still engages in agricultural work, his/her status as the insured under the health insurance for farmers shall not be affected. He/she may continue to pay premiums in accordance with regulations for coverage of the said insurance. Relevant decrees issued by the competent authority shall correspond with the aforesaid intention to uphold the purpose of the Farmers Health Insurance Act, which is to safeguard the health of farmers. 
      
    • *Translated by Dr. C.Y. Huang of Tsar & Tsai Law Firm.
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