Government employees who have enrolled in the Public Functionaries Insurance program have the right to make a request for the insured amount pursuant to the law when the insurance peril takes place. The statute of limitations of such right of claim shall be prescribed by law and categorized as provisos under the Constitution. The statute of limitations prescribed under Article 70 of the Enforcement Rules of the Public Functionaries Insurance Act promulgated by the Examination Yuan on August 8, 1958, (The Examination Yuan and the Executive Yuan amended and promulgated Article 47 of the same Rules on June 9, 1995) does not apply since the said statute of limitations conflicts with the above principle. Statute of limitationss relating to the right to pensions and surviving dependents compensation prescribed under the Public Functionaries Retirement Act and the Act Governing the Payment of Compensation to Surviving Dependents of Public Functionaries shall be applied by analogy where no clear laws have been stipulated. With respect to suspended or unexpired statute of limitations, the applicable provisions in the Civil Code shall apply where no provisions are made in the related laws.

       According to Article 23 of the Constitution and Articles 5 and 6 of the Standard Act for the Law and Rules, any restrictions on the rights of freedom of the people shall be regulated by law and shall not exceed the threshold of necessity, and matters which shall be prescribed by law shall not be regulated by an order. Where restrictions on the people*s rights of freedom are authorized by law, the law shall clearly identify the intent for such authorization and the scope thereof; moreover, the content thereof shall comply with the prerequisite of specificity. The competent authority shall comply with the aforesaid principles in formulating the enforcement rules as authorized, and shall not surpass the extent prescribed by the parent law or impose restrictions not prescribed by law.     

       Article 14 of the Public Functionaries Insurance Act states that "payment shall be made in cash when such payment is made to public servants enrolled in the Public Functionaries Insurance Program where any of the following four insurance perils occurs during the effective period of the insurance coverage: handicap, retirement, death, and bereavement of dependants. However, where the said Act does not stipulate a statute of limitations with respect to the right of claim for the insured amount, the competent authority then prescribes a statute of limitations under the Enforcement Rules. The statute of limitations mechanism not only has an important bearing on the people*s rights of freedom, but also aims to recognize the existing facts, to maintain the stability of the legal order, and is conducive to public welfare, the stipulation of which cannot be effected by an order made by an administrative authority pursuant to an authorization or by an order so made ex officio. The first paragraph of Article 70 of the Enforcement Rules of the Public Functionaries Insurance Act promulgated by the Examination Yuan on August 8, 1958, states that "The right of claim for cash payment under the insurance shall be extinguished if not exercised within two (2) years commencing from the day the right may be exercised." This provision, which stipulates that the statute of limitations for the insured*s right of claim is two (2) years, (Article 47 of the current Enforcement Rules makes it five (5) years) shall not be enforced on the ground that it conflicts with the aforesaid principle. Statute of limitations relating to the right to pensions and surviving dependents compensation prescribed under the Public Functionaries Retirement Act and the Act Governing the Payment of Compensation to Surviving Dependents of Public Functionaries shall be applied by analogy where no clear laws have been stipulated. With respect to suspended or unexpired statute of limitations, the applicable provisions in the Civil Code shall apply where no provisions are made in the related laws. 

*Translated by David T. Liou.