PENSION SCHEMES

Service Pension : Regular Army/Air Force/Navy/DSC

Definition:

Service Pension is a pension, which is sanctioned to a P.B.O.R. on Completion of his terms of engagement for the qualifying service Rendered by him in the Armed Forces.

Condition:

I Minimum qualifying service without weightage to earn a Service pension is 15 years (20 years in case of NC (E))

II Linkage of full pension with 33 years of Q.S. is dispensed with from 01.01.2006. Now pension of PBOR will be calculated at rate of 50% of emoluments last drawn
or average of reckonable emoluments drawn during last 10 months which is more beneficial.
Authority : G.O.I. letter no 17(4)/2008 (2)/D(Pen/Pol) dated 12/11/2008.

III The above calculated service pension shall in no case less than 50% of notional pay in the post – 01.01.2006 revised pay structure corresponding to the maximum of Fifth CPC pay scales including whole of classification allowance last drawn in the rank and group held of the time of discharge / invalidment. The amount so determined will be the pension for 33 years of reckonable qualifying service including improved weightage (except TA personnel) as given below at point IV. For lesser period of reckonable qualifying service this amount will be proportionately reduced.

IV After 01.01.06 with the implementation of the order on “Improvement in the Pension of PBOR” the weightage in respect of Sepoy, Naik and Havildar has been raised to 10 years, 8 years and 6 years respectively (for all past and future retirees.) subject to a restriction of 30 years as maximum qualifying service. The benefit would be given only in respect of Service Pension.

V The amount of pension finally arrived at will be subject to a minimum of Rs. 3500/- per month.

TA Personnel

No service pension in respect of TA Personnel was admissible prior to 11-06-1985. Minimum qualifying embodied service to earn service pension in respect of TA Personnel is 15 years . 5% cut is imposed on the pension who have completed 15 years or more aggregate embodied service but have not completed 20 years of aggregate embodied service. In no case the pension so calculated should exceed the normal pension of a regular Army personnel for same rank and length of service.

At Own Request

No service pension is admissible if the individual is discharged at his own request, if the qualifying service is less than 15 years. In case qualifying service rendered is 15 years or more, Service Pension is admissible for the rank and group and qualifying service rendered as in case of those who discharged on completion of terms of engagement.

On Dismissal

Service pension is not admissible if the individual is dismissed from service under Army Act. However, service pension is such cases is admissible at the discretion of the President not exceeding the rate which would have been admissible had he been discharged in normal circumstances.

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)

  1. Unintentional killing by own troops during the course of duty in an operational area
  2. Electrocution/attacks by wild animals and snake bite/drowning during course of action in counter insurgency/war.
  3. 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:

  1. enemy action in international war, action during peace keeping mission abroad, border skirmishes.
  2. during laying/clearance of mines, accidental explosions of mines.
  3. war like situations, including cases which are attributable to / aggravated by:-
    • i. extremist acts, exploding mines, etc while on way to operational area.
      ii. battle inoculation training exercises, or demonstration with live ammunition.
        a. flying operation involved in rehearsing of war plans and implementation of OP    instructions inclusive of international war.
        b. All combat and Tactical sorties in preparation of war.
      iii. kidnapping by extremist while on operational duty.
  4. 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.
  5. operations specially notified by Government from time to time.
  6. Death or disability arising as a result of poisioning of water by enemy agents while deployed in operational area in active hostilities. (wef-03.02.1011)
  7. Invalid Pension
  8. 8. 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.

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 SanctionedWhere an Armed Forces personnel is invalided out of service or discharged form service on account of disabilities sustained under the following circumstances: -

  1. Enemy action in international war
  2. Action during deployment with a Peace Keeping mission abroad
  3. Border skirmishes
  4. During laying or clearance of mines including enemy mines as also minesweeping operations.
  5. 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
  6. 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
  7. An act of violence/attack by extremists, antisocial elements etc while on operational duty
  8. Action against extremists, antisocial elements etc. Disability while employed in aid of civil person in quelling agitation, riots or revolts by demonstrators
  9. Injured during operations notified by Govt. from time to time.

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

  1. 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.
  2. 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

  1. 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
  2. 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

  1. 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.
  2. 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:-

  1. 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.

  2. 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.

  3. 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.

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.

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.

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:-

  1. If the individual has outlived the normal span of life i.e. if he dies at the age of 60 years or above.
  2. Suicide Cases
  3. If the individual was discharged in Medical category AYE and his death occurs after 10 years period from the date of discharge.
  4. Missing Cases.

Period of Grant

It depends on the relationship of the pensioner with the deceased soldier as under:

Heir Period
Widow till her widowhood
Son till 25 years of his age or up to the date of his marriage whichever is earlier
Daughter till 25 years of her age or up to the date of her marriage whichever is earlier.
Son (if cripple) for life or marriage or earns his livelihood which ever is earlier
Daughter (if cripple) for life. But if she gets married or earns livelihood the pension will be stopped
Father (50 years of age and above) for life
 
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PAGE LAST UPDATED ON :Jan 16, 2019