Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces Article 43
When the divorced spouses of Officers or Non-commissioned Officers asked for allocation of the retirement pay or pension of Officers or Non-commissioned Officers in accordance with the regulations in preceding Article, the payment method is discussed by the parties. If they cannot discuss or cannot reach an agreement, when notifying the original reviewed agency for the retirement pay or pension of Officers or Non-commissioned Officers during the current serving period, the reviewed allocated amount of the retirement pay or pension is in accordance with the regulation in preceding Article and is given by the office with one-off payment.When the retirement pay or pension of the Officers or Non-commissioned Officers are being allocated in accordance with the regulations in the preceding Paragraph, it is deducted by the allocated rate in accordance with the following regulations:Subparagraph 1 For those receiving the retirement pay, it is deducted from the received retirement pay.Subparagraph 2 For those receiving monthly pensions, it is deducted by the allocated rate by month until all the allocated pensions are finished, then it will stop the deduction.If the Officers or Non-commissioned Officers are discharged after the amendment of the Article is being implemented, those who are divorced during the period of receiving the retirement pay or pension in accordance with the regulations in the preceding Article are handled by the office in accordance with the preceding two Paragraphs.The deduction, notification and asking of allocation method and other relevant matters for the retirement pay or pension provided in the Article is detail provided in the regulation of the Article.
中文原文 陸海空軍軍官士官服役條例第43條
軍官、士官之離婚配偶依前條規定請求分配軍官、士官退伍金或退休俸,其給付方式依當事人之協議。
無法協議或協議不成者,現役期間得通知退除給與原核定機關於審定該軍官、士官退伍金或退休俸時,按前條規定審定應分配之退伍金或退休俸總額,並由支給機關一次發給。
軍官、士官之退伍金或退休俸依前項規定被分配時,按被分配比率依下列規定扣減:
一、支領退伍金者,自其支領之退伍金扣減。
二、支領退休俸者,按月照被分配比率扣減,至應被分配之退休俸總額扣減完畢後,不再扣減。
軍官、士官於本條例修正施行後退伍除役,於支領退伍金或退休俸期間離婚者,其退伍金或退休俸依前條規定被分配時,由支給機關依前二項規定辦理。
本條所定退伍金或退休俸之扣減、通知退伍金或退休俸請求分配之方式及其他相關事項,於本條例施行細則定之。
無法協議或協議不成者,現役期間得通知退除給與原核定機關於審定該軍官、士官退伍金或退休俸時,按前條規定審定應分配之退伍金或退休俸總額,並由支給機關一次發給。
軍官、士官之退伍金或退休俸依前項規定被分配時,按被分配比率依下列規定扣減:
一、支領退伍金者,自其支領之退伍金扣減。
二、支領退休俸者,按月照被分配比率扣減,至應被分配之退休俸總額扣減完畢後,不再扣減。
軍官、士官於本條例修正施行後退伍除役,於支領退伍金或退休俸期間離婚者,其退伍金或退休俸依前條規定被分配時,由支給機關依前二項規定辦理。
本條所定退伍金或退休俸之扣減、通知退伍金或退休俸請求分配之方式及其他相關事項,於本條例施行細則定之。