Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces Article 38
If Officers or Non-commissioned Officers receiving the pension or alimony have set up their wills before death and had assigned the Lump Sum Survivor Benefits or being changed to receive Survivor Annuity, for those who are listed as bereaved in Paragraph 2 of the preceding Article shall follow their wills. However, the receiving rate for the minor children of Officers or Non-commissioned Officers receiving the pension or alimony shall not be lower than the original receiving rate.If Officers or Non-commissioned Officers receiving the pension or alimony did not set up their wills before death and the bereaved of the same order cannot coordinate to select the Lump Sum Survivor Benefits of the same kind or being changed to receiving Survivor Annuity, then it is up to the bereaved to choose the kind of payment and receive it in accordance with the regulated rate in Paragraph 3 of the preceding Article, separately.
中文原文 陸海空軍軍官士官服役條例第38條
支領退休俸或贍養金之軍官、士官生前預立遺囑,於前條第二項遺族中,指定遺屬一次金或改支遺屬年金領受人者,從其遺囑。
但支領退休俸或贍養金之軍官、士官未成年子女之領受比率,不得低於其原得領取比率。
支領退休俸或贍養金之軍官、士官生前未立遺囑,且同一順序遺族無法協調選擇同一種類之遺屬一次金或改支遺屬年金時,由遺族分別依其擇領種類,按前條第三項規定之比率領取。
但支領退休俸或贍養金之軍官、士官未成年子女之領受比率,不得低於其原得領取比率。
支領退休俸或贍養金之軍官、士官生前未立遺囑,且同一順序遺族無法協調選擇同一種類之遺屬一次金或改支遺屬年金時,由遺族分別依其擇領種類,按前條第三項規定之比率領取。