Family Pension and gratuity when pensioner missing

Family Pension and gratuity to the eligible member of the family of an employee / pensioner / family pensioner reported missing – Consolidated Instructions

No. 1(1)/2010-D(Pension/Policy)

Government of India,

Ministry of Defence.

Department of Ex-Servicemen Welfare

New Delhi, the 23 December

To

The Chief of the Army Staff,

The Chief of the Naval Staff,

The Chief of the Air Staff,

Subject : Grant of Family Pension and gratuity to the eligible member of the family of an employee / pensioner / family pensioner reported missing- consolidated instructions regarding.

Sir,

The Provisions for grant of Ordinary family pension and DCRG to the eligible members of families of the deceased Armed Forces Personnel/Pensioners are contained in AI 51/80 and AI 8/S/70 as modified from the time to time. The instructions regarding grant of family pension and gratuity to the eligible member of the Family of an Armed Forces Personnel/Pensioner reported missing have been issued vide this Ministry’s letter No 12(16)86/D (Pen/Ser) dated 03.06.1988 and No 12(16)/86/ D(Pen/Ser) dated 23.03.1992. Clarifications/ amendments in this regard have also been issued vide letter No. 12(16)/85/D (Pen/Ser) dated 26.08.1993, letter No.1(1)/2010/D (Pen/Pol) dated 15.02.2011 and MoD letter No. 1(1)/2012/D (Pen/Pol) dated 05.06.2013.

2. It has now been decided to issue consolidated instructions in supersession of previous instructions as mentioned above regarding grant of family pension to the eligible members of family of the Armed Forces Personnel / Pensioner/ family pensioner reported missing and whose whereabouts are not known. It includes those kidnapped by insurgents/terrorists but does not include those who disappear after committing frauds/crime/desertion etc.

3. In the case of a missing Armed Forces Personnel/pensioner/family pensioner, the family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of DSOP/AFPP fund and gratuity (whatever has not already been received) to the IHQ/Record office concerned, where the officers and JCOs/Ors in Army and equivalent in Navy and Air Force, had last served, six months after lodging of police report. The family pension and/ or retirement gratuity may be sanctioned by the respective Pension Sanctioning Authority’s (PSAs) after observing the following formalities:-

(i) The family must lodge a report with the concerned Police station and obtain a report from the police, that the Armed Forces Personnel/Pensioner/ family pensioner has not been traced despite all efforts made by them. The report may be a First Information report or any other report such as a Daily Diary / General Diary Entry, filled by the Police authorities concerned, as per the practice prevalent in the state /UT.

(ii) An indemnity bond should be taken from the nominee/dependents of the Armed Forces Personnel / pensioner / family pensioner that all the payments will be adjusted against the payments due to the Armed Forces Personnel/Pensioner / family pensioner in case she/he appears on the scene and makes any claim.

4. In the case of a missing Armed Forces Personnel, the family pension, at the ordinary or enhanced rate, as applicable, will accrue from the expiry of leave or the date up to which pay and allowances have been paid or the date of the police report, whichever is later. In the case of a missing pensioner/family pensioner, it will accrue from the date of the police report or from the date immediately succeeding the date till which pension/family pension had been paid, whichever is later.

5. The retirement gratuity will be paid to the family within three months of the date of application. In case of any delay, the interest shall be paid at the applicable rates and responsibility for delay shall be fixed. The difference between the death gratuity and retirement shall be payable after the death of the employee is conclusively established or on the expiry of the period of seven years from the date of the police report.

6. Before sanctioning the payment of gratuity, Service HQrs/ Records office will assess all Government dues outstanding against the employee/pensioner and affect their recovery in accordance with instruction in force.

7. The amount of salary due, leave encashment due and amount of DSOP/AFPP fund will be paid to the family in the first instance as per the nominations made by the Armed Forces Personnel / Pensioner on filing of police report and submission of an indemnity bond as indicated above.

8. The benefits to be sanctioned to the family/ nominee of the missing Armed Forces Personnel / pensioner will be based on and regulated as per the emoluments drawn by him/her as on the last date he/she was on duty including authorized periods of leave.

9. Formats of separate Indemnity Bonds to be used in the case of missing Armed Forces Personnel, missing pensioners and missing family pensioners are available at the official website of PCDA (Pension) Allahabad.

10. This issues with the concurrence of Ministry of Defence (Finance) vide their ID No. 10(3)/2010/Fin/Pen dated 08/12/2014.

11. Hindi version will follow.

sd/-

(Prem Parkash)

Under Secretary (Pension/Policy)

Download Department of Ex-Servicemen Welfare order No. 1(1)/2010-D(Pension/Policy) dated 23.12.2014