Act of Military Service for Officers and Non-commissioned Officers of the Armed Forces Article 52

For those Officers, Non-commissioned Officers or their bereaved dependents have incidents occurred due to legal matters or in the circumstances that their administrative dispositions are withdrew or abolished causing the suspension, stop or loss of asking rights or in the circumstances when wrongfully given by the authorities, which resulted in overtaken or mistaken relevant payment, shall be given administrative disposition in writing by the giving authority and ask the party to pay back within a certain period the overtaken or mistaken amount since the day of suspension, loss, stop of the asking rights; if the deadline has passed without paying back, this can be enforced by relevant regulations of administrative execution law.If the overtaken or mistaken amount by personnel in the preceding Paragraph belongs to regular payment, then the giving authority shall inform the party that the amount will be taken back from the payment of the next periodic amount; if the party has second thought and did not pay back by other method, then the giving authority can handle this in accordance with the regulations in preceding Paragraph.Retired personnel can participate in preferential interest deposits projects. For those with the circumstances of suspension, loss, stop, withdrew or abolished by law of the payment asked, their preferential interest deposits shall be stopped accordingly. If it is not stopped in accordance with the law, then the giving authority can take back in accordance with the regulations in Paragraph 1.If the deadline has passed and the personnel in the preceding three Paragraphs still did not pay back and there is responsibility that the party shall take on, then the giving authority can take back based on 2% of yearly interest plus the interest in accordance with Paragraph 1.For the relevant parties in the preceding four Paragraphs who did not pay back the overtaken or mistaken amount of relevant payment and preferential savings interest within the deadline or did not pay back the full overtaken or mistaken amount of relevant payment and preferential savings interest and when returning service, retaking positions or discharging or applying for bereaved one-time payment or bereaved annuity before the take back exercised by law enforcement, the overtaken or mistaken amount can be taken back or deducted from the given payment by the giving authority. The cases before the amendment of the Act applied the same.
中文原文 陸海空軍軍官士官服役條例第52條
軍官、士官或其遺族因法定事由發生,或行政處分經撤銷或廢止而應暫停、停止、喪失請領權利,或有機關誤發情事,而溢領或誤領相關退除給與者,由支給機關以書面行政處分,命當事人於一定期限內繳還自應暫停、喪失、停止請領權利之日起溢領或誤領之金額;屆期而不繳還者,依行政執行法相關規定強制執行之。
前項人員溢領或誤領之金額,屬定期給付者,得由支給機關通知當事人自下一定期以後發給之退除給與中覈實收回;當事人若有異議且未以其他方式繳回者,由支給機關依前項規定辦理。
退伍除役人員得辦理優惠存款項目,有暫停、喪失、停止、依法撤銷或廢止其請領退除給與之情事者,其優惠存款應同時停止辦理。
未依規定停止辦理者,由支給機關依第一項規定辦理追繳。
前三項人員屆期仍不繳還者且有可歸責於當事人責任時,由支給機關按年息百分之二,加計利息併同依第一項規定追繳之。
前四項相關當事人未依限繳還溢領或誤領之相關退除給與及優存利息,或未全數繳還溢領或誤領之相關退除給與及優存利息者,於依法強制執行追繳之前又回役、復職或退伍,或申領遺屬一次金或遺屬年金時,其溢領或誤領之金額,得由支給機關自其再核發之退除給與中,覈實抵銷或收回之。
本條例修正施行前之案件,亦同。

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