請領遺屬年金之初探──以釋字第766號解釋為中心

An Analysis and Review of the National Pension Policy in Taiwan--Take the Judicial Interpretation No.766 as an example

"老年經濟保障制度的發展，是一個面對人口老化的調整適應過程，因為經濟與科技的發達衍生老年經濟不確定的風險，從前養老功能是自家庭開始才走向社會，但隨著社會期待的需求逐漸增強，各福利國家為處理此經濟安全議題多以年金政策作為一個制度的實施，反觀我國在過往的社會安全制度其實對老年經濟的認識及處理甚早，但多以一次給付之方式提供老年保障，現今仍有若干繼續維持而尚未以年金制度因應，因此對於我國已成為全球人口老化快速第二位的國家，若老年給付保障處於現階段之狀況，究竟我國老人之經濟保障是否充足？而有保障不足者則在何方面可以加強填補？國民自然有所疑義。其次，我國老年經濟保障制度呈現多元化的態樣，但在給付水準上也常讓國民擔憂是否能發揮所得再分配之效能，或者對於當下之需求者，必須的實質性之保障規範卻又往往姍姍來遲，故有必要就我國老年經濟安全保障議題進行法律規範之研究。
The development of Old-aged Economic Security System is an adjusted process within the problem of aging population. Advanced technology has resulted in somehow risks on old-aged economic. In the past days the function of providing for the aged started from Family then to Society; however, with the needs large increasing by the expectation of society, systems about Pension Policy became popular to execute for most Welfare States dealing with the Economic Security subject. Examining the past system of Social Security already showed the knowledge on old-aged economic; we handled it but mainly provided Lump Sum Payment as the Old-aged Security. Still there are some people remaining the Lump Sum Payment, not yet adopting Annuity Payment as National Pension Insurance. Nowadays, we are the second country of Global Rapid Population Aging. Do our aged persons have the sufficient economic security in the present stage? If not, how do we modify and improve? It is still doubted by our nationals. Next, our Old-aged Economic Security System has presented diversified, and the nationals have often worried whether the standard of payment can achieve the effects of Income Redistribution. Further, while the needs are on the instant, the essential norms and rules usually are sluggish. As a result, it is necessary to make a study of norms and rules on the subject of the Old-aged Economic Security."