Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces Article 39
The pension and maintenance allowance received by an Officer or Non-commissioned Officer after retirement, or the survivor annuity received by surviving family may be adjusted by the Executive Yuan in conjunction with the Examination Yuan, taking into consideration the overall national economic environment, government finance, and the Pension Fund's reserve ratio when the cumulative change in consumer price index as published by the Central BAS Agency reaches positive or negative 5 percent; or reviewed at least once every four years. Provisions related to the implementation of such adjustments shall be set out in the Enforcement Rules of this Act.After an adjustment to the pension and maintenance allowance received by Officers or Non-commissioned Officers after retirement, or to the survivor annuity received by surviving families is made in accordance with the preceding paragraph, if the adjusted payment amount will exceed the originally received payment amount by five percent or will be lower than the originally received payment amount, the adjustment must be approved by the Legislative Yuan.
中文原文 陸海空軍軍官士官服役條例第39條
軍官、士官退伍除役後所支領退休俸、贍養金及遺族所支領之遺屬年金給付金額,於中央主計機關發布之消費者物價指數累計成長率達正、負百分之五時,應予調整,其調整比率由行政院會同考試院,考量國家經濟環境、政府財政與退撫基金準備率定之;或至少每四年應予檢討;其相關執行規定,於本條例施行細則定之。
軍官、士官退伍除役後所支領退休俸、贍養金及遺族所支領之遺屬年金,依前項規定調整後之給付金額超過原領給付金額之百分之五或低於原領給付金額時,應經立法院同意。
軍官、士官退伍除役後所支領退休俸、贍養金及遺族所支領之遺屬年金,依前項規定調整後之給付金額超過原領給付金額之百分之五或低於原領給付金額時,應經立法院同意。