Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces Article 25

The Officers or Non-commissioned Officers who have committed a crime stipulated in Subparagraph 1 of Paragraph 1 of the preceding Article and not be suspended during the period of Active Service and not be transferred to discipline or be initiated an impeachment, and been irrevocably convicted to imprisonment after retired in accordance with this Act and not declared eligible for probation, unless otherwise prescribed in other laws, the Retirement Severance Pay shall be deprived or reduced in accordance with the following provisions; if such payment has been made, recovery of the full or partial amount that is subject to deprivation or reduction shall be pursued:Subparagraph 1 The one who has been convicted and sentenced to death, life imprisonment, or imprisonment for seven years or more, shall be deprived ab initio of any right to Retirement Severance Pay.Subparagraph 2 The one who has been sentenced to imprisonment for three years or more but less than seven years shall have any right to Retirement Severance Pay reduced by 50 percent from the sentence is final and irrevocable.Subparagraph 3 The one who has been sentenced to imprisonment for two years or more but less than three years shall have any right to Retirement Severance Pay reduced by 30 percent from the sentence is final and irrevocable.Subparagraph 4 The one who has been sentenced to imprisonment for one year or more but less than two years shall have any right to Retirement Severance Pay reduced by 20 percent from the sentence is final and irrevocable.The personnel stipulated in the preceding Paragraph involve in the same cases where there are heavier regulations of deprivation or reduction of payment stipulated in other laws, the heavier regulations shall prevail.The Officers d Non-commissioned Officers who have committed a crime stipulated in Subparagraph 1 of Paragraph 1of the preceding Article and been irrevocably convicted to imprisonment and not declared eligible for probation, shall be deprived of, or have any related payment reduced, in accordance with each and every Subparagraph of Paragraph 1.Military instructors at any and all levels of schools involving in campus sexual assault cases during their employment, and being irrevocably sentenced to imprisonment after retired, shall be deprived ab initio all of their Retirement Severance Pay; if such payment have already been made, recovery of the full amount shall be perused.The payment prescribed in Paragraph 1 of this Article shall be given in accordance with the latest service year before retirement; payment shall include Retirement Severance Pay, Lump Sum Survivor Benefits and Survivor Annuity.The personnel stipulated in Paragraph 1 whose years of service on which their Retirement Severance Pay have been deprived or reduced in accordance with Paragraph 1,when reinstated and when applying for bereavement compensation due to death during lifting of mobilization or reinstatement, shall not be given any pension payment.The maximum seniority of the veterans, whose Retirement Severance Pay have been reduced in accordance with Subparagraphs 2 to 4 of Paragraph 1, when reinstated and then lifted form mobilization in accordance with this Act, in conjunction with the years of service on which the Retirement Severance Pay have been reduced, shall be no higher than the upper limits stipulated in Articles 26 and 46.Those who have been downgraded or reduced by the Civil Service Disciplinary Committee after retirement severance in accordance with this Act, the payment shall be subject to the rank after downgraded or reduction from the day the service of the judgment by the Civil Service Disciplinary Committee.
中文原文 陸海空軍軍官士官服役條例第25條
軍官、士官在現役期間犯前條第一項第一款之罪而未經停役,亦未經移付懲戒或提起彈劾者,於依本條例退伍除役後始經判刑而未宣告緩刑確定時,除其他法律有特別規定外,應依下列規定剝奪或減少退除給與;其已支領者,照應剝奪或減少之全部或一部分追繳之:
一、經判處死刑、無期徒刑或七年以上有期徒刑確定者,應自始剝奪其退除給與。
二、經判處有期徒刑三年以上未滿七年者,應自判刑確定之日起,減少其應領退除給與之百分之五十。
三、經判處有期徒刑二年以上未滿三年者,應自判刑確定之日起,減少其應領退除給與之百分之三十。
四、經判處有期徒刑一年以上未滿二年者,應自判刑確定之日起,減少其應領退除給與之百分之二十。
前項人員因同一案件,於其他法律受有較重之剝奪或減少退除給與處分規定者,從其處分。
軍官、士官於領受退除給與期間犯前條第一項第一款之罪,經判刑而未宣告緩刑確定者,依第一項各款規定,剝奪或減少其領受之退除給與。
各級學校之軍訓教官在職期間涉有校園性侵害案件,先行退伍後始經判處有期徒刑以上之刑確定者,應自始剝奪其退除給與;其已支領者,應追繳之。
第一項所定退除給與,應按最近一次退伍除役前服役年資核給;其內涵包含退除給與、遺屬一次金及遺屬年金。
第一項人員回役時,其依第一項規定已受剝奪、減少退除給與之服役年資,於解除召集或回役期間亡故而辦理撫卹時,不再核給退撫給與。
退伍人員曾依第一項第二款至第四款規定減少退除給與者,於回役並依本條例予以解除召集之年資,連同其已受減少退除給與之服役年資併計後,以不超過第二十六條及第四十六條所定給與基準最高採計上限。
依本條例退伍除役後始受公務員懲戒委員會降級或減俸處分者,應自公務員懲戒委員會判決書送達受懲戒人主管機關之翌日起,改按降級或減俸後之俸級或俸額計算退除給與。

English translation for reference only; the Chinese text prevails. Not legal advice.