Indemnities Act for Military Personnel Article 15
After the death of a military personnel and before the bereaved family members receive the indemnity,they can give up to apply for the one lump sum compensation and the annual compensation according to the rules stated in Artile-11 and Article-13, as they wish, and change the indemnity to a standard of giving 1.5 basic points for every year of serving in the Active Service and be release in one lump sum compensation, using the computation of the maximum of 35 years, with a total of 53 basic points, If it is less than 1 year, a basic point of 0.125 will be given for every one month. and if it is less than one month, it is counted as one month. For those who have died after serving for 20 years, if their bereaved family members are their parents, spouses, minor children or adult children who are mentally or physically disabled and not able to support their own living they can give up applying for the annual compensation according to the rules stated in Article -13,and change to receive 1/2 of Retirement Pension according to the regulations stated in the Arm Forces Ranking Officers Non Commissioned Officers Military Service Act.For military Personnels that have a situation stated in Article -6 or Article-7, if their bereaved family members chose to claim one lump sum compensation, an additional basic points resulted from the standard computations based on the rules stipulated in Subsection-1 or Subsection-2 of Article-11 and deduct Subsection-3, will be released; For those with a situation stated in Article -12, and additional one lump sum compensation will be released to the bereaved family members in accordance with that regulation. Bereaved family members of the deceased who are going to claimed one lump sum compensation and the annual compensation according to Article -11 and Article-13, respectively, or have chosen to claim one lump sum compensation or 1/2 of the retirement pension according to the regulations in Item-1, should decide carefully when processing the application; otherwise, once the indemnity has been reviewed and approved by the Ministry of National Defense, it can not be changed.
中文原文 軍人撫卹條例第15條
軍人死亡後,遺族得於撫卹前,依其志願,放棄依第十一條及第十三條規定請領一次卹金及年撫金,改依每服現役一年,給與一.五個基數之標準,發給一次撫卹金,最高採計三十五年,給與五十三個基數,未滿一年者,每一個月給與○.一二五個基數,未滿一個月者,以一個月計。
服役滿二十年人員死亡後,遺族為父母、配偶、未成年或已成年因身心障礙而無謀生能力之子女者,得放棄依第十三條規定請領年撫金,改依陸海空軍軍官士官服役條例之規定,支領退休俸之半數。
軍人具有第六條或第七條規定情形者,其遺族依前項規定擇領一次撫卹金時,另加發依第十一條第一款或第二款扣除第三款標準計算而得基數之一次卹金;其具有第十二條規定情形者,並依該條規定增發遺族一次卹金。
遺族依第十一條及第十三條規定支領一次卹金及年撫金或依第一項規定擇領一次撫卹金或退休俸半數,應於辦理時審慎決定,經國防部審定並已領取者,不得請求變更。
服役滿二十年人員死亡後,遺族為父母、配偶、未成年或已成年因身心障礙而無謀生能力之子女者,得放棄依第十三條規定請領年撫金,改依陸海空軍軍官士官服役條例之規定,支領退休俸之半數。
軍人具有第六條或第七條規定情形者,其遺族依前項規定擇領一次撫卹金時,另加發依第十一條第一款或第二款扣除第三款標準計算而得基數之一次卹金;其具有第十二條規定情形者,並依該條規定增發遺族一次卹金。
遺族依第十一條及第十三條規定支領一次卹金及年撫金或依第一項規定擇領一次撫卹金或退休俸半數,應於辦理時審慎決定,經國防部審定並已領取者,不得請求變更。