Pension and Gratuity for Retiring JCOs and other ranks
Pension and Gratuity for Retiring JCOs (Junior Commissioned Officers) and other ranks in Defence Services – Service Pension, Gratuity, Family Pension, Commutation, Disability Pension etc.
Service Gratuity
The minimum period of qualifying service for earning service gratuity is 5 years ( without weightage).
The service gratuity is admissible at the rate of 1/2 a month’s reckonable emoluments (Pay, plus Grade pay plus MSP plus ‘X’ group pay, including classification allowance, if any and DA admissible on the date of discharge) for each completed six monthly period of actual qualifying service rendered.
On Dismissal :-
An individual dismissed from service under the Army Act is ineligible for pension / gratuity in respect of his previous service. However in exceptional cases, he may at the discretion of the President, be granted service pension or gratuity at a rate not exceeding that for which he would have normally qualified.
Individuals removed from service under section 20 of the Army Act may also be considered for grant of pension/ gratuity by the competent authority i.e. Government of India subject to the reduction in amount of pension/ gratuity if considered necessary on the merits of each case.
Retirement Gratuity
An individual who has completed 5 years qualifying service and is eligible for service/invalid gratuity or pension of any type, shall be granted Retirement Gratuity equal to 1/4 of reckonable emoluments (Pay, plus DP including classification allowance if any, plus dearness relief on the date of discharge/invalidment) subject to maximum of 16½ times of the reckonable emoluments restricted to Rs. 10 Lakhs.
Death Gratuity
Death gratuity at the following rates is admissible in the event of death in harness: –
| S.N | Length of Qualifying Service | Rate of Death Gratuity |
|---|---|---|
| (1) | Less than one year | Two times of reckonable emoluments. |
| (2) | One year or more but less than 5 years | Six times of reckonable emoluments. |
| (3) | Five yrs or more but less than 20 yrs | Twelve times of reckonable emoluments |
| (4) | 20 years or more | Half of the reckonable emoluments for each completed six monthly period of qualifying service subject to a min. of 12 times and a maximum of 33 times of the reckonable emoluments with a overriding ceiling of Rs. 10 lakhs. |
Special Family Pension
Special family pension is granted to the NOK of deceased Army personnel when cause of his death due to injury or diseases accepted is as attributable to aggravated by military service. Covered under category ‘B’ & ‘C’ in terms of GOI, MOD letter dt. 31.01.2001. Special Family pension is not tenable in the types of cases mentioned below:-
- If the individual has outlived the normal span of life i.e. if he dies at the age of 60 years or above.
- Suicide Cases
- If the individual was discharged in Medical category AYE and his death occurs after 10 years period from the date of discharge.
- Missing Cases.
Rate of Special Family Pension
It will be calculated at the uniform rate of 60% of Reckonable Emoluments ( pay including classification allowance, stagnation increment if any last drawn ) subject to a minimum of Rs 7000/- p.m. irrespective of whether widow has child(ren) or not. There shall be no maximum ceiling on Special Family Pension.
In case when children become the beneficiary, the Special Family Pension at the same rate (i.e. 60% of Reckonable Emoluments) shall be admissible to the senior most eligible child till he/she attains the age of 25 years or upto the date of his/her marriage whichever is earlier. Thereafter Special Family pension shall pass on to the next eligible child.
Liberalised Family Pension : Conditions
In case of death of an Armed Forces Personnel under the circumstances mentioned in category “D” & “E”, the eligible member of the family shall be entitled to Liberalised Family Pension equal to reckonable emoluments last drawn, both for officers and PBOR. Liberalised Family Pension at this rate shall be admissible to the widow in the case of officers and to the nominated heir in the case of PBOR until death or disqualification.
G.O.I, M.O.D. vide its letter No. 200847/Pen-C/71 dt. 24.2.72, decided to grant Liberalized Pensionary Awards equivalent to the basic pay +increments +rank pay +good service pay+ dearness pay + home saving element to the nominated heir of PBORs of Armed Forces personnel as well as NCs(E), (including APS and DSC personnel), who were killed in action or disabled in the operations against any neighboring country and as well as in following actions:
- 1947-48 Kashmir Operations, international wars of 1962, 1965 (including Kutch and Kargil Ops.), 1971, as well as Goa and Hyderabad operations.
- In warlike operations or border skirmishes either with Pakistan on ease fire line or any other country, operation against armed hostiles like Naga & Mizos and also while deployed in peace-keeping mission abroad.
- During laying or clearance of mines.
These benefits were granted wef 1-2-1972 to the nominated heirs / NoKs of all personnel who were killed in above actions and operations from 1947-48 onwards.
Rates of Liberalised Family Pension
Under this category nominated heir of the PBOR will be granted Lib. Family Pension equal to the reckonable emoluments last drawn which includes Pay in pay band + GP + MSP + X Group Pay if any + Classification allowance actual drawn if any until death or disqualification. If a PBOR is not survived by widow but is survived by child (ren) only, all children together shall be eligible for Lib. Family Pension at the rate equal to 60% of reckonable emoluments till his/her disqualification i.e. attaining the age of 25 years. On death / disqualification of senior most children it will pass on to next eligible child. And the crippled child if any will be granted continuance award of family pension when all children become disqualified. The crippled child will continue to receive this award for life at the rate equivalent to 60% of Liberalised Family pension
Family pension to the widows of State Force Pensioners
Ordinary family pension scheme was introduced vide Army instructions 2/S/64 replaced vide Army instruction no. 51 of 98 & corresponding Naval and Air Force instruction for service officers and PBORs including NCs(E) who were in service on 1-1-64 but the widows of erstwhile Govt. servant were not covered by the family pension scheme 1964.
Consequent on the judgment delivered by the Hon. Supreme Court of India on 30th April,1985 the above provision was extended to the widows of erstwhile Govt. servant with effect from 22-09-77, who were borne on pensionable establishment and were not covered by that scheme.
Authy.:Govt. of India, Ministry of Defence letter no. F6(2)/85/1689/B/D(Pens/Sers) dt. 08-08-85.
The Documents/Certificates required for the grant of Family Pension to the widows of the State Force Pensioners
The following documents are to be submitted to the Principal C.D.A.(P), Allahabad by the officer in charge, Records of the deceased State Force Pensioner
- Sheet Roll / Long Roll of the deceased State Force Pensioner.
- Application for the grant of Ordinary Family Pension (In duplicate).
- Specimen signature/ Thumb impression, Slip bearing thumb and figure impression (in duplicate) & Descriptive Roll of the claimant.
- Passport size photographs of the claimants (Two).
- Death certificate of the pensioner.
- Annexure A & B
- Affidavit from the widow regarding non-remarriage and non-receipt of any other family pension.
- LTA certificate issued by the PDA concern.
- Non-reemployment certificate.
- Two names certificate of the widow duly attested, if applicable.
J&K Militia
AG J&K granted Personnel of J&K Militia service pension. The liability of granting pension has been taken over by Indian Army w.e.f. 31-12-71. Now J&K Militia has been changed as regular Army service named J&K Light Infantry. They are entitled for pension as admissible to other regular Army Personnel.(see under know your pension: PBOR)
Pak/Burma Pensioners
No service pension is admissible to pensioners of Pak & Burma pensioners. They are, however, eligible for ex-gratia allowance which is admissible to them @ Rs.1275/- w.e.f. 1-11-97 under Vth CPC (also Dearness Relief as revised from time to time by GOI). They are those pensioners whose liability is of Pak & Burma but are getting pension in India. Medical Allowance is not payable
HKSRA/U.K. Pensioners
These pensioners belong to U.K. Army but residing in India. The payment arrangement is made by Office of the P.C.D.A. (P) through payment authority on receipt of authorisation from U.K. authority, Pay Accounts Office Glasgow, London. Dearness Relief rates are also sanctioned and revised by that office. Medical Allowance is not payable to these pensioners. The amount paid to these pensioners is claimed from U.K. Government.
Disability Pension
Conditions Of Grant
A claim for disability pension arises only if an individual is invalided out of service on account of disability which is accepted as attributable to or aggravated by his military service.
Individuals placed in low medical category permanently and discharged as no alternative employment in their trade/category suitable to their low medical category could be provided or unwilling to accept the alternative employment or retained in alternative appointment and subsequently discharged before completion of their engagement shall be deemed to have been invalided out from service for the purpose of the Entitlement Rules.
All PBOR are required to be medically examined by medical officer prior to their release/ retirement / discharge.
Categorization of Disability Pension
For determining the Pensionary benefits the circumstances to decide the attributability/aggravation have been categorised as under :- Category “A”
Death or disability due to natural causes neither attributable to nor aggravated by military service, such as constitutional diseases, chromic ailments, prolonged illness while not on duty.
Category “B”
Death or disability due to causes which are accepted as attributable to/ aggravated by military service such as diseases contracted because of continued exposure to hostile work environment subject to extreme weather conditions or occupational hazards.
Category “C”
Death or disability due to accidents while performing duty, such as,
- Accidents while traveling on duty in Government/public /private vehicles or during air journey or mishap at sea.
- Electrocution while on duty.
- Accidents during participation in organized sports events/ adventures activities/expeditions/training
Category “D”
Death or disability due to acts of violence/attack by extremists , anti social elements, whether on duty or even when not on duty, bomb blasts in public places or transport or disability occurring while employed in aid of civil power in dealing with natural calamity.
Death or disability arising as a result of- (wef-03.02.2011)
i. Unintentional killing by own troops during the course of duty in an operational area
ii. Electrocution/attacks by wild animals and snake bite/drowning during course of action in counter insurgency/war.
(iii) Accidental death/injury sustained due to natural calamities such as flood, avalanches, landslides, cyclone, fire and lightening or drowning in river while performing operational duties/movement in action against enemy forces and armed hostilities in operational area to include deployment on international border of line of control.
Category “E”
Death or disability arising as a result of poisoning of water by enemy agents while deployed in operational area in active hostilities:
- Enemy action in international war, action during peace keeping mission abroad, border skirmishes.
- during laying/clearance of mines, accidental explosions of mines.
- war like situations, including cases which are attributable to / aggravated by:-
- extremist acts, exploding mines, etc while on way to operational area.
- battle inoculation training exercises, or demonstration with live ammunition.
- flying operation involved in rehearsing of war plans and implementation of OP instructions inclusive of international war.
- All combat and Tactical sorties in preparation of war.
- kidnapping by extremist while on operational duty.
- an act of violence/attack by extremists and antisocial elements etc. while on operational duty or while employed in aid of civil power in quelling agitation, riots or revolts by the demonstrators.
- operations specially notified by Government from time to time.
- Death or disability arising as a result of poisoning of water by enemy agents while deployed in operational area in active hostilities. (wef-03.02.1011)
Determination of Amount of Disability Pension
Where an Armed Forces Personnel is invalided out of service, which is accepted as attributable to or aggravated by military service, he shall be entitled to disability pension consisting of Service Element & Disability Element as follows:-
1. Service Element
The amount of service element shall be determined as 50% of less emoluments drawn as given in para 6 of MOD letter dt- 12.11.2008 which is subject to minimum Rs 3500/- p.m.
2. Disability Element
The rates of disability elements for 100% disability for various ranks shall be 30% of emolument last drawn subject to Rs. 3510/- per month.
Disability lower than 100% shall be computed by reducing proportionately
Disability Element on Invalidment
Where an Armed Force personnel is invalided out of service under circumstances mentioned in para 4.1 of Govt. letter dt. 31.01.01, the extent of disability shall be determined as follows for the purpose of computing the DE :-
| Percentage as finally assessed by Competent Authority | Percentage to be reckoned for computing DE |
|---|---|
| Between 1 to 49 | 50 |
| Between 50 & 75 | 75 |
| Between 76 &100 | 100 |
Disability Element on Retirement/Discharge
Where an Armed Forces personnel is retained in service despite disability and subsequently retired/ discharged on completion of tenure or on attaining the age of retirement, he shall be entitled to D.E at the rate prescribed for 100% disablement. For disablement less than 100% but not below 20%, the rates shall be reduced proportionately. No disability element shall be payable for disability less than 20% .
Untenable Claims For Disability Pension
a. when personnel seeks voluntary retirement /discharge at his own request, except the voluntary retirement within one year of date of discharge/retirement for the purpose of gaining higher commuted value. However this clause has been with drawn wef 1.1.06.
b. When a personnel is dismissed being undesirable soldier on administrative/disciplinary grounds.
c. In the cases where disability is neither attributable to nor aggravated by military service.
d. Disability accepted less than 20% in normal discharge cases (other than Invalidment)
Disability pension on Voluntary retirement
Armed forces personnel who are retained in service in despite of disability, which is accepted as attributable to or aggravated by military service and have forgone lump-sum compensation in lieu of that retirement / discharge from service on or after 01.01.2006 whether voluntary or other wise in addition to retiring / service pension or retiring / service gratuity.
Adjudication of Disability Pension Claims
Findings of medical board regarding attributability /aggravation and adjudication of disability pension claims due to injury/disease are now regulated under Govt. of India MOD No. 1(2) /2002/D(Pen-C) dated 01.09.2005 & 31.05.2006 as under:
i. Injury Cases
Decision regarding attributability/ aggravation in injury cases would be taken by OIC , Records in Army, navy and Air Force.
The assessment with regard to percentage of disability as recommended by the Invaliding/ Release Medical Board as approved by next higher medical authority would be treated as final unless the individual himself requests for a review. the approving authorities i.e. Officer – In – Charge Records can also get the individual reexamined by a Review Medical Board, in consultation with DGAFMS, if in there opinion the assessment of percentage of disability made be IMB/RMB is abnormally high or low
Approving Authority for Medical Board
Medical Board proceedings in respect of PBOR will be approved by the next higher medical authority than the one which constituted the Board. Hence approving authority will judiciously examine the percentage of disability recommended by Medical Boards before approval. In case, approving authority feels that the assessment is abnormally high or low, approving authority will refer the proceedings back to the medical Board for necessary rectification. If required, he may physically examine the individual or get his re-examination to arrive at the correct decision.
ii. Disease Cases
Attributability/aggravation in respect of cases of invalidment arising from various diseases shall be taken by OIC , Records in Army, navy and Air Force in case of doubt, the case will be referred to DGAFMS for advice. The assessment and the period of assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final, unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature or approving authority have any doubt. In both the cases the individual will be examined by a Review Medical Board to be constituted by DGAFMS. The opinion of the Review Medical Board will be final.
a. Where disability is permanent in nature
The assessment with regard to percentage of disability as recommended by the IMB/RMB and as approved by next higher medical authority in respect PBOR would be treated as final and for life unless the individual himself requests for a review, except in cases of diseases which are not of permanent nature.
b. Where disability is not permanent in nature
Initial assessment will be made for specified time frame. The individual will be assess to report for a review after specified time frame. Assessment made by Reassessment Medical Board during this review will be final and for life unless the individual himself seeks for review. This review will be carried out by a Review Medical Board constituted by DGAFMS and percentage of disability assessed by Review Medical Board will be final.
Pending Enquiry Award
The Pending Enquiry Award is intended to relieve the financial difficulties of personnel below officer rank & their dependents when such personnel are invalided out of service or die & the invaliding disability or the cause of death is considered prima facie due to military service or is accepted as such by the competent authority with reference to the applicable entitlement rules – under this scheme provisional awards will be made pending completion of the enquiries and other steps which may be necessary before a pension claim can be finally admitted.
Provisional Medical Board is held in case of personnel found suffering from Pulmonary Tuberculosis and Leprosy. Since they need long treatment, they are generally not discharged. These disabilities are accepted at 100% for Pul.T.B.& 20% for Leprosy for one year or so for which PEA, consisting of SE &DE, is sanctioned and payment is made through RO.
On receipt of final medical board proceedings after the discharge, the amount of PEA already paid is recovered through the PPO in lump-sum.
Appeal Cases
An individual may submit two appeals against rejection of disability pension within 6 months from the date of rejection memo
The first appeals shall be referred to the respective Service Headquarters by the Record Office for a decision by Appellate Committee on first appeals. There will be no change in the procedure for handling second appeals and post discharge claims i.e. The second appeal will be considered by the Govt. (Defence Minister’s Appellate Committee headed by Raksha Mantri / Rajya Raksha Mantri).
Invalid Pension
Where service is 10 years or more and disability pension claim is rejected being disability neither attributable to nor aggravated by mily. service, Invalid Pension is granted, which is equivalent to service element of disability pension.
Invalid Gratuity
Where service is below 10 years and I.D has been rejected, the invalid gratuity is to be paid equal to half a months’ pay for each completed half year of qualifying service.
Lump-Sum Compensation in lieu of Disability Element
In case a PBOR is found to have a disability which is accepted as attributable to or aggravated by military service & his disability is accepted at 20% or more for life but the individual is retained in service, he shall be entitled to lump-sum compensation in lieu of D. E., equal to capitalised value of D.E. Once the compensation is paid in lieu of DE, there shall be no further entitlement to the DE for the same disability after his discharge.
The rank for reckoning D.E shall be the rank held at the time of onset of disability and age on next birth day will be reckoned with reference to the date of onset of the disability with loading to age, if any, recommended by the medical board.
Disability Element in Post-Discharge Cases
An individual who is retired/discharged from service otherwise than at his own request with a pension/gratuity, but who within a period of 10 years from the date of discharge, is found to be suffering from a disease which is accepted as attributable to or aggravated by Mily. Service may be granted DE at the rate appropriate to the accepted degree of disablement and rank last held in addition to his pension/ gratuity.
War Injury Pension
Definition:
This may be defined as a pension which is sanctioned to an Armed Forces Personnel who is injured in a war or specified war like situations. This is a compensation which is payable monthly to a war injured for the functional incapacity which he may have sustained during war, specified war like situations or situations analogous thereto is detailed in below.
When it is Sanctioned
Where an Armed Forces personnel is invalided out of service or discharged form service on account of disabilities sustained under the following circumstances: –
- Enemy action in international war
- Action during deployment with a Peace Keeping mission abroad
- Border skirmishes
- During laying or clearance of mines including enemy mines as also minesweeping operations.
- On account of accidental explosions of mines while laying operationally oriented minefield or lifting or negotiating minefield laid by enemy or own forces in operational areas near international borders or line of control
- War like situations, including cases which are attributable to/aggravated by
i. Extremist acts, exploding mines etc. while on way to an operational area
ii. Battle inoculation training exercises or demonstration with live ammunition
iii. Kidnapping by extremists while on operational duty
- An act of violence/attack by extremists, antisocial elements etc while on operational duty
- Action against extremists, antisocial elements etc. Disability while employed in aid of civil person in quelling agitation, riots or revolts by demonstrators
- Injured during operations notified by Govt. from time to time.
Elements of War Injury Pension
War Injury Pension consists of the following two elements
- Service Element
- War Injury Element
Types of War Injury Pension
- War Injury Pension on invalidment
- War Injury Pension after discharge/retirement on retention in service
War Injury Pension on Invalidment
i. Service Element It is equal to service pension to which he/she would have been entitled on the basis of his/her pay on the date of invalidment i.e. 50% of last drawn.
ii. War Injury Element It will be equal to reckonable emoluments last drawn for 100% disablement. However, in no case the aggregate of Service Element and War Injury Element should exceed the last pay drawn. However this cap has been removed wef 01.07.2009. For lower percentage of disablement, War Injury Element shall be proportionately reduced
If an individual is invalided out of service War Injury Element will be computed as under: –
| Percentage of Disability as assessed by Invaliding Medical Board | Percentage to be reckoned for computing War Injury Element |
|---|---|
| Less than 50 | 50 |
| Between 50 and 75 | 75 |
| Between 76 and 100 | 100 |
War Injury Pension on Retention in Service
Those who are retained in service despite the disability due to War Injury sustained under the above circumstances and retire subsequently will have as option as follows to be exercised within a period as prescribed by the Govt. from time to time: –
a. To draw lump-sum compensation on lieu of War Injury Element foregoing War Injury Element at the time of subsequent discharge; or
b. To draw War Injury Element at the time of discharge in addition to service pension admissible, foregoing lump-sum compensation
Lump-sum compensation in lieu of War Injury Element
If a service personnel in found to have a disability which is sustained in circumstances mentioned above which is assessed at 20% or more for life but the individual in retained in service despite such disability and opts for lump-sum compensation he shall be paid the lump-sum compensation in lieu of War Injury Element. The rates for calculation of lump-sum compensation in lieu of War Injury Element, equal to capitalized value of WIE. Once the compensation is paid in lieu of WIE, there shall be no further Entitlement to the WIE for the same disability after his discharge.
War Injury Element on subsequent Retirement
If an individual is retained in service despite injury/disability under the above circumstances and does not opt for lump-sum compensation in lieu of War Injury Element, he/she shall be entitled to the payment of War Injury Element on a monthly basis at the above rates as the case may be on subsequent discharge on completion of term of engagement.
For disabilities less than 100% but not less than 20% the above rates shall be proportionately reduced. No War Injury Element shall be payable for the disabilities less than 20%, For computing War Injury Element actual percentage actually assessed by the approved RMB/IMA taken into account. Rounding off percentage benefit as applicable in invalidment cases will not be admissible.
In addition to War Injury Element service/retiring pension will be admissible with reference to rank, group, and qualifying service.
Ordinary Family Pension
It is governed by the provision of “Family Pension Scheme-1964” which was introduced WEF. 01-01-1964 vides Army Instruction No. 2/S/64 replaced vide AI-51/80.
The benefit of this scheme has also been extended from 22-09-1977 to the families of Armed Forces Personnel of those who retired/died before 31-12-1963 vides GOI, MOD No. F 6(2)/85/1689/B/D (P/S) dt 08-08-85.
Conditions for Admissibility
- In the cases governed by the FPS-1964, OFP is granted to the family of a diseased soldier who dies while in service or after retirement, if at the time of death/ invalidment while in service, he had rendered continuous service of one year or in case of death after retirement, he was in receipt of service pension/ disability pension/invalid pension/special pension etc. W.E.F. 27-01-1979 the condition of one year continuous service at the time of death/invalidment of service personnel has been waived vides AI-51/80.
- OFP will be granted to the NOK of the deceased soldier whose death is for causes neither attributable to nor aggravated by military services.
Eligible Member of Family in Order of Priority
Category – I
- Lawfully married widow or widower and also judicially separated widow/widower where separation is not on the ground of adultery upto date of death or remarriage, whichever is earlier
- Son/daughter (including widowed daughter), including those who born from void marriage or legally adopted or handicapped and whose earning is not more than the prescribed minimum limit and who is below the age of 25 years, upto to the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. The benefit of legally adopted son/daughter to be given on or after 18-01-93.
Category – II
- Unmarried/widowed/Divorced daughter, not covered by Category-I above, upto the date of marriage/remarriage or till the date she starts earning or upto the date of death, whichever is earlier. However Unmarried daughter is eligible on or after 06-09-2007 and widowed/ divorced daughter on after-25-08-2004 beyond the age of 25 yrs , if her earning is less than minimum prescribed limit and she is still leaving as unmarried/widowed/divorced life. Handicapped child, who is unmarried and who is unable to earn his/ her livelihood due to his/ her disability beyond the age of 25 yrs. Previously this benefit is restricted to child of those person. Who retired/ died on or after 30.09.1974. However wef. 20-05-87, this benefit has been extended to the child of those pers also who retired or died before 30-09-74.
- Parents who were in fact wholly dependent on the soldier when he was alive provided the deceased personnel had left behind neither a widow/widower, nor an eligible child and whose combined (both parents) earning is not more than Rs 2550-pm W.E.F-01-01-1998 and minimum family pension with D.R WEF 01-01-2006. Mother will be given first preference if both parents are alive. It is admissible wef 1.1.98 (financial benefit).
Note:
- Family pension to the member of category-II shall be payable only after the other eligible members in category-I have ceased to be eligible to receive family pension and there is no disable child to receive the family pension.
- Grant of F.P. to children in respective categories shall be payable in order of their date of birth and younger of them will not be eligible for family pension unless the next above him/her has become ineligible for grant of F.P. in that category.
- The dependency criteria for the purpose of F.P. shall be the minimum family pension along with D.R. thereon.
- The childless widow of a deceased personnel shall continue to be paid family pension even after her remarriage for PBORs who retires/ died on or after 1.1.2006, subject to the condition that the family pension shall cease once her independent income from all sources become equal to or higher than the minimum prescribed family pension in the central Govt. The family pensioner in such cases would be required to give a declaration regarding her income from other sources to the PDA every six months.
Division of Ordinary Family Pension
In this connection, the provision contained in Para 9 (a) to (c) of AI 51/80, AS amended by GOI, MOD letter no. A/06320/Div/AG/PS 4(e)/395/B/D/(P/S) dated 25-05-1992, is as under:-
i. where an individual is survived by more than one widow, the pension will be paid to them in equal shares. On the death of a widow her share of the pension will become payable to her eligible child. Provided that if widow leaves no eligible child, the payment of her share of the pension will not lapsed but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full to her.
Para 9(a)
ii. Where an individual is survived by a widow and has also left behind an eligible child/children from another wife who is not alive, the eligible child of the deceased wife, shall be entitled to the share of pension which the mother would have received if she had been alive at the time of the death of the individual, provided that on the shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Para 9(b)
iii. Where an individual is survived by a widow and has also left behind an eligible child/children from a divorced wife or wives , the eligible child or children shall be entitled to the share of pension which the mother would have received if she had not been divorced at the time of the death of the individual, provided that on the share or shares of OFP payable to such a child or widow ceasing to be payable , such shares shall not lapse but shall be payable to other widow or child otherwise eligible in equal shares, or if there is only one widow or child, in full share to such widow or child.
Children born out of a void marriage in terms of sec 11 of Hindu Marriage Act 1955 shall be entitled to share the OFP if otherwise eligible, though their mother would not have been eligible for the same had she been alive at the time of death of her husband on account of her marriage being null and void under section 11 of of Hindu Marriage Act 1955.
Except as provided as above, the OFP shall not be payable to more than one member of the family at the same time.
Note- The financial effects of restoration of full share payable on or after 16-02-91.
Para 9(c)
Re-grant of Ordinary Family pension
When an Ordinary Family pension ceases to be payable to the original recipient and there is child eligible for the same, the pension will be granted to the child.
E.P.F Benefit
Prior to issue of Govt. letter No. 2/CL/B/D(Pen/Sers)/2001 dt. 28.8.2001 family pension was not admissible from military side to the family of the deceased personnel who were re-employed under EPF Scheme in addition to civil family pension. Now with the issue of Ministry of Personnel, Public Grievances and pension, Deptt. of FP OM No. 1/19/96-P and PW(C) dt. 27.7.2001 families of Govt. servant who were in receipt of family pension under EFP Scheme 1971 and EPS1995 (under Employees’ Provident Fund and Miscellaneous Act) shall be eligible for family pension from Army side also in addition, on or after 27-7-2001.
Missing Personnel
Govt. has allowed normal rate of Ordinary Family pension to families of a missing personnel / pensioner. Ordinary Family pension is admissible from the date of lodging FIR in Police station after lapsed of six month of lodging of FIR. Death Gratuity at the of Retiring gratuity is also admissible. The claimant is required to furnish indemnity Bond duly countersigned by a Magistrate with two sureties to the effect that the amount paid will be refunded when missing personnel is traced/reported. After the lapsed of 07 years of lodging the FIR, the civil death certificate may be obtained from civil court under Evidence Act and on the basis of this cert. all the death benefit may be released.
The Ordinary Family pension in respect of reservist who has opted for lump sum gratuity in lieu of pension. Under rule 155 & 156 of PR Part-I 1961 edition, Ex – Gratia family pension @ Rs. 150/- p.m. was made admissible to her family w.e.f. 1.1.92. The rate has been revised to Rs. 605 p.m. wef 1.11.97
Normal Rate of O.F
| For those who become non-effective on or after 1.1.64 but before 28.2.73 Auth – AI-2/S/264 |
|||
|---|---|---|---|
| Minimum | Maximum | ||
| Pay below Rs. 200/- | 30% of pay | Rs. 25/- p.m. raised to Rs. 40/- p.m. wef 1.3.70 | — |
| Pay Rs. 200 to Rs. 799/- | 15% of pay | Rs. 60/- p.m. | Rs. 96/- |
| Pay Rs. 800/- and above | 12% of pay | Nil | Rs. 150/- |
| For those who become non-effective on or after 1.1.73 including those who died on 31-12-72 but before 1-1-1986. Auth – AI-8/S/76 |
|||
|---|---|---|---|
| Minimum | Maximum | ||
| Pay below Rs. 400/- | 30% of pay | Rs. 60/- p.m. | Rs.100/- |
| Pay Rs. 400 to Rs. 1199/- | 15% of pay | Rs. 100/- p.m. | Rs. 160/- |
| Pay Rs. 1200/- and above | 12% of pay | Rs. 160/- p.m. | Rs.250/- |
| For those who become non-effective on or after 1.1.86 but before 1-1-96 Auth – GOI. MOD No. 1(5)/87/D(P/S) dt 30-10-87 |
|||
|---|---|---|---|
| Minimum | Maximum | ||
| Pay below Rs. 1500/- | 30% of pay | Rs. 375/- p.m. | 450/- |
| Pay Rs. 1500/- to Rs. 2999/- | 20% of pay | Rs. 450/- p.m. | 600/- |
| Pay Rs. 3000/- and above | 15% of pay | Rs. 600/- p.m. | Rs. 1250/- |
| For those who become non-effective on or after 1-1-96 Auth – GOI. MOD No. 1(6)/98/D(P/S) dt 03-02-98. |
|||
|---|---|---|---|
| Minimum | Maximum | ||
| In all cases | 30% of pay | Rs. 1275/- p.m. | — |
| For those who become non-effective on or after 1-1-2006 Auth – GOI. MOD No. 17(4)/200(2)8/D(Pen/Pol) dt 12-11-2008. |
|||
|---|---|---|---|
| Minimum | Maximum | ||
| In all cases | 30% of pay | Rs. 3500/- p.m. | — |
Note – Modified Parity of OFP
i. As on 01-01-1996 :-
OFP shall not be less than 30% of the minimum pay in revised scale introduced wef.1-1-96. It is not benefited where the minimum reckonable emoluments, in the revised scale
| Rank | Groups Prior to 1-1-73 |
A | B | C | DEF | GH |
|---|---|---|---|---|---|---|
| From 1-1-73 | A | B | C | D | E(GD OF DSC) |
|
| Rs. | Rs. | Rs. | Rs. | Rs. | ||
| Nb Sub | 1560 | 1440 | 1395 | 1395 | 1320 | |
| Sub | 1851 | 1731 | 1686 | 1686 | 1619 | |
| Sub Major | 2175 | 2025 | 2025 | 2025 | 1980 | |
| Hony Lt | Rs. 3150 | |||||
| Hony Capt | Rs. 3255 |
ii. As on or after 01-01-2006:-
OFP shall not be less than 30% of the sum of the minimum of the pay in revised pay band and corresponding grade pay including MSP and X-gp pay where applicable wef.1-1-2006
| Rate of OFP (Normal rate) under modified parity wef 01-01-2006 | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Rank
|
Sepoy
|
Naik
|
Hav
|
Nb Sub
|
Sub
|
Sub Maj
|
Hony Lt
|
Hony Capt
|
||||||
|
Pre-1973
|
A
|
B-H
|
A
|
B-H
|
A
|
B-H
|
A
|
B-H
|
A
|
B-H
|
A
|
B-H
|
||
|
Post- 1973
|
A
|
B-E
|
A
|
B-E
|
A
|
B-E
|
A
|
B-E
|
A
|
B-E
|
A
|
B-E
|
||
|
Post 10.10.97
|
X
|
Y-Z
|
X
|
Y-Z
|
X
|
Y-Z
|
X
|
Y-Z
|
X
|
Y-Z
|
X
|
Y-Z
|
||
|
Post 01.01.06
|
X
|
Y
|
X
|
Y
|
X
|
Y
|
X
|
Y
|
X
|
Y
|
X
|
Y
|
||
|
Rs.
|
3500
|
3500
|
3500
|
3500
|
3500
|
3500
|
5070
|
4650
|
5190
|
4770
|
5250
|
4830
|
8100
|
8310
|
Enhanced Rate of Ordinary Family Pension
Where an individual who dies while in service after having rendered not less than 7 yrs continuous QS, or who dies after discharge/invalidment with a pension, OFP shall be granted at ER as following:-
i. Who died as a pensioner:-
the family shall be granted for a period of 7 yrs from the date following the death of the individual or upto the 65 yrs (67yrs w.e.f. 13-5-98 for those who retired under revised age of retirement as per notification issued by GOI No.250122/2/97-ESST.(A) dt.13-5-98) or till death, whichever is earlier.
ii. Who died during service:-
the family shall be granted for a period of ten years, without any upper age limit from the date following the date of death of the personnel. This is not applying in cases where the period of 07 years for payment of ER has already been completed as on 01-01-2006.
The amount of ER of OFP shall be the lowest of the following:-
- 50% of reckonable emolument as defined below.
- The amount of service/invalid pension/SE of disability pension/special pension (before commutation).
- Double the amount of normal rate of OFP
Note – Modified Parity :-The revised enhanced family pension as on 1-1-96 will be 50% of the minimum revised pay with CA of the rank and group or the revised pension admissible in accordance with the provision as per AI 51/80 as amended from time to time , whichever is least. In no cases the total enhanced family pension will be allowed more than twice the consolidated/revised normal rate of family pension or service pension.
Special Pension/ Gratuity
In cases where large number of JCOs/ORs are discharged due to reduction/reorganization etc, they are given special pension/gratuity.
Special Pension
| 15 years or more [20 years or more in case of NCs(E)] | Equal to normal service pension |
| 10 years or more but less than 15 years [15 years or more but less than 20 years in case of NCs(E)] | Equal to 50% of reckonable emoluments for 33 years of qualifying service subject to minimum of Rs. 3500/- p.m |
Special Gratuity
| 5 years or more but less than 10 years [5 years or more but less than 15 years in case of NCs(E)] | Equal to 1 1/3 months reckonable emoluments for each completed years of qualifying service. |
| Less than 5 years | Equal to 3 months’ reckonable emoluments. |
Constant Attendance Allowance
Constant Attendance Allowance is sanctioned to an officer for 100% disablement, if in the opinion of IMB/RSMB subject to acceptance by the pension sanctioning authority; he needs the services of a Constant Attendant for at least a period of 3 months subject to the condition that the pensioner actually employs a paid attendant to look after him.
The Constant Attendance Allowance will not be payable for:
- Any period during which the pensioner was an inmate or inpatient of a Government institution or Hospital.
- Any period for which a constant and paid attendant was not actually employed to look after him
- For the period of re-employment of the pensioner
Rate of Constant Attendance Allowance
Constant Attendance Allowance shall be admissible @ Rs. 3000/- p.m. irrespective of the rank w.e.f. 1.1.2006.
Commutation
A PBOR may commute 50% of his basic pension. Amount commuted will be in whole rupee.
How it’s calculated
A commuted value of pension is calculated on the basis of age on next birthday, which falls after the date on which the commutation become absolute.
Formula
50% of pension x 12 x Purchase Value( on the age next birth day)
Absolute Date
| Commutation application submitted After one year | The date on which medical board signs the medical proceedings. |
| Commutation application submitted within one year | 1. The date of commencement of pension when application received prior to retirement. 2. The date of receipt of application by PSA where application is received after retirement. |
Source: https://pcdapension.nic.in/
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