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Monday, November 9, 2009

DEFENCE PENSION ADALAT------FAQ

Common Questions Asked in Defence Pension Adalats


By Pensioners/ Family Pensioners



Question-No.1: My husband was a defence civilian and removed from service Am I entitled for family pension?



Answer: Not entitled to family pension. However, if your husband was in receipt of compassionate allowance, you are entitled to family pension.

Question-No.2: I am widow of a deserter and have not been sanctioned family pension?

Answer: No family pension is admissible.

Question-No.3(I): I have given option and undertaking but my Pension Disbursement Agency is not paying the fixed medical allowance.

Answer: Fixed medical allowance is paid with reference to the area where the pensioner is residing. If the pensioner is residing in an area not covered by the CGHS, he is entitled to payment of fixed medical allowance.



If the Civilian Pensioner is residing in an area covered by CGHS, he is not entitled to payment of fixed Medical Allowance. As regards the payment of fixed medical allowance in respect of Armed Forces pensioners they are entitled to it subject to option and undertaking to be given by them that they do not want to avail OPD medical facility at MH/MI Room.



Question-No.3(II): I am an ex-serviceman and re-employed in a Bank. My Pension Disbursement Agency is not paying me fixed medical allowance on the ground that I am getting medical facilities from the re-employing authority.

Answer: A person who is re-employed in Bank is not entitled to payment of Medical Allowance during re-employment since medical facility would be available in the Bank.

Question-No.4: My family pension has been stopped on the ground of hearsay allegation that I have remarried.

Answer: Family Pension should not be stopped on the basis of hearsay allegation but the fact should be reported by the PDA to Pr. CDA(P) who will get the case investigated and pass appropriate orders. In case the widow's family pension has been stopped she should report the matter to Pr. CDA (P) who will issue orders for continuance or otherwise of family pension after investigation .

Question-No.5: Pensioner of the same rank, group & qualifying service who was discharged from service from the same date is getting more pension than me.

Answer: Full details of colleague pensioner is required for checking the entitlement and making comparison. However, generally there may not be any variation between the pensions of those who are of the same rank, group, qualifying service and are of the same date of discharge unless there is some wrong fixation of pension.

Question-No.6: Whether the widows of Armed Forces Pensioners who are in receipt of family pension under EPF scheme 1971, 1995 are entitled to family pension from Army side also?

Answer: Yes. Previously the widows of Armed Forces Pensioners who were in receipt of ordinary family pension under EPF scheme 1971, 1995 had to opt for one pension which was advantageous. Now, the Govt. has liberalised family pension scheme and they are entitled to family pension from Army side in addition to family pension drawn from EPF scheme 1971 or 1995. For this purpose, ROs will initiate pension claims and submit them to PSAs for sanction of family pension. The benefit is available w.e.f. 27.07.2001 in past cases and from the date following the date of death in later cases.

Question-No.7: What is the procedure for joint notification of family pension in respect of Armed Forces Pensioners?

Answer: Joint notification of family pension simultaneously with service pension in the same PPO in respect of PBOR commenced from 1.3.85 i.e. the PPOs notified on or after 1.3.85 were issued sanctioning family pension with service pension. However, this joint notification of family pension is done only in favour of wife. Children, parents etc. are not covered under joint notification system. Joint notification is also not done in cases of more them one wife or in cases of re-employment. For those who were sanctioned pension prior to 1.3.85, in their cases endorsement of family pension on the PPOs of living pensioners was issued under Ministry of Defence Letter dated 30.06.88. For this purpose, pensioner is to apply on Appendix I to MOD letter dated 30.06.88 with joint photograph of spouse and send it to the concerned RO through his PDA. PDA after verification of entries in the application will send it to RO concerned who will send the application form to PSA for endorsement of family pension.

Question-No.8: What has the pensioner to do for restoration of commuted portion of pension? From what date is it restored?

Answer: Commuted portion of pension is to be restored after 15 years from the date of commutation. This restoration was introduced w.e.f. 1.4.85 i.e. those who completed 15 years on or after 1.4.85, their pension was to be restored.



This 15 years is to be counted from date of discharge provided commutation was sanctioned simultaneously with service pension in the same PPO.



However, where commutation was sanctioned subsequent to the date of discharge the restoration of commuted portion of pension will be done on completion of 15 years from the date from which the amount of capitalized value is paid or credited to the pensioner's account.



Every pensioner has to apply to his PDA through an application after completion of 15 years for restoration.



Question-No.9: What is the procedure for transfer of pension from one PDA to another PDA?

Answer: If a pensioner is drawing pension from one PDA and desires that his pension should be transferred to another PDA, he is simply to apply on Annexure 'C' of PSB Scheme Booklet of 1987 to his PDA from where he is getting pension, giving full particulars of the PDA i.e. the name of specific treasury, particular branch of the bank with Saving Bank Account Number etc. and the present PDA will transfer his pension accounts to desired PDA. For transfer of PDA, sanction/instructions from PCDA(P) is not required. However, while forwarding pension documents to New PDA, the present PDA will intimate month and year upto which pension has been paid to the pensioner and the month from which pension is to be commenced by the New PDA. In all such cases Pension Sanctioning Authority as well as Principal CDA(P) will be informed for updating their records.

Question-No.10: What procedure is to be followed for revision of pension of Pre-86/Pre-96 Hony Commissioned Officers under modified parity formula order?

Answer: Modified Parity Formula Orders issued by Govt. of India, Ministry of Defence under their letter dated 07.06.99 envisage that w.e.f. 1.1.96 service pension of a pensioner will not be less than 50% of the minimum of the revised pay scale introduced w.e.f. 1.1.96 for 33 years service. If the actual service plus admissible weightage is less than 33 years, the service pension will be reduced proportionately. Similarly family pension w.e.f. 1.1.96 will not be less than 30% of the minimum of the revised pay scale introduced w.e.f. 1.1.96.



In case of PBOR, modified parity is beneficial only to Hony Commissioned Officers. For revision under modified parity, pensioner should apply on prescribed application form i.e. Annexure II to Govt. letter dated 14.07.98 (available with PDAs) to their PDA who will, after verification of particulars, send the application to RO concerned. In Pre-86 cases the Record Office will send the application form to the PAO concerned for notional fixation of pay as on 1.1.86 (on Annexure IV). The Annexure II (along with Annexure IV where applicable) is ultimately received by the Office of the Pr. CDA (Pensions), Allahabad for issue of corrigendum PPO revising the pension.



Question-No.11: What is the procedure for revision of Pension/Family Pension in respect of Pre-86/Pensioners/Family Pensioners?

Answer: For revision of pension/family pension of Pre-86Pensioners/Family Pensioner, the individual is required to apply to his PDA on a prescribed application form i.e. Annexure II to Govt. of India, Ministry of Defence letter dated 14.07.98. PDA will revise service pension as per Tables to the ibid MOD letter with reference to rank, group and qualifying service of the pensioner where OP (Original Pension) in his records tally with the OP shown in the Tables. If OP does not tally, these cases will be referred to Pr. CDA(P) by the PDAs who will fix revised pension w.e.f. 1.1.96 and issue clarificatory instructions to PDA for eventual payment.

Question-No.12: What is the protection for ordinary family pension, Special Family Pension and liberalised family pension to the family of a Major General?

Answer: OFP/SFP/LFP in respect of Major General was less than the corresponding family pension of a Brigadier because of the fact that a Brigadier gets Rank pay which, added to basic pay, becomes higher than the pay of a Major General. It has now been clarified by the Govt. that family pension in respect of Major General will not be less than the family pension of a Brigadier. All cases of Major General are being revised suomoto.

Question-No.13: What are the revised rates of disability element for 100% disability in pursuance of Vth CPC Govt. Orders?

Answer: Rates of disability element for 100% disability in r/o Armed Forces Pensioners have been revised w.e.f. 1.1.96 as under:







(i) Commissioned Officer of the three services including Hony Officers Rs.2600/- pm

(ii) JCOs of Army and equivalent ranks in AF and Navy Rs.1900/- pm

(iii) PBOR of the three services Rs.1550/- pm





If the disability is lower than 100% the above rates will be proportionately reduced.







The revised rates are applicable w.e.f. 1.1.96 to all the pensioners in receipt of disability pension irrespective of the date of discharge i.e. applicable to post 96 pensioners as well as Pre-96 Pensioners.



Question-No.14: To whom is rounding off benefit of percentage of disability pension admissible?

Answer: In pursuance of Vth CPC recommendations, Govt. of India, Ministry of Defence vide their letter dated 31.01.2001 have issued orders for revision of disability pension in respect of Post 96 discharge/invalidment/death cases. For purposes of grant of disability pension, following two criteria have been adhered to.



Invalidment Cases: In invalidment cases disability element will be computed as under:



Less than 50% 50%

Between 50 and 75% 75%

Between 76 and 100% 100%







DE on Discharge Release Cases: In discharge release cases, no disability element shall be payable for disabilities less than 20%. Rounding off benefit in such cases will not be allowed.



Question-No.15: Under Vth CPC orders remarriage of widow even with a person other than real brother of the deceased does not debar her from payment of special family pension. What is the exact rule position in this regard?

Answer: Before Vth CPC orders a widow, recipient of special family pension, on remarriage with real brother of the deceased was allowed special family pension. In case of remarriage of widow with a person other than the real brother of the deceased special family pension was discontinued from the date of marriage. However, in case of liberalised family pension ordinary family pension was payable on re-marriage with other than real brother.



Under Vth CPC orders applicable from 1.1.96 the position has undergone a change. Now the payment of SFP to the widow in the event of remarriage will depend upon the circumstances as to whether or not she has children and whether she supports them after remarriage.





(i) If she has no children She will get full SFP

(ii) If she has children and supports them Full SFP

(iii) If she has children but does not support 50% SFP to children & OFP to widow



The above position is valid only when the widow is the nominated heir, However, where first life award is sanctioned to parents, the payment of family pension will be regulated as under: -



(aa) If widow continues to support child(ren) after re-marriage or has no issues 50% of SFP to Parents, 50% of SFP to Widow.

(ab) If widow does not support children after re-marriage but the children are supported by the parents. Full SFP to parents, Ordinary Family Pension to widow

(ac) If children are not supported either by the remarried widow or the parents. 50% of SFP to parents, 50% of SFP to eligible children, Ordinary Family Pension to widow.

(ad) On death or disqualification of parents and the widow supports the children or has no issues. Full SFP to widow.

(ae) On death or disqualification of parents and the widow does not support the children Full SFP to children' Ordinary Family Pension to widow.



Question-No.16: Whether Dearness relief is admissible to a re-employed pensioner?

Answer: Yes with the following conditions: -



(i) Not admissible to class A Pensioners/Officers.



(ii) Admissible to PBOR and below class 'A' Pensioners.



(iii) Admissible w.e.f. 18.07.97



(iv) Admissible only when the pay on the re-employed post has been fixed on the minimum scale of pay on which re-employed.



(v) Whole of pension has been ignored while fixing his pay.



Question-No.17: What is the admissibility of Ex-gratia lump-sum compensation to the families of Armed Forces personnel who are killed in action in international wars or while taking action against extremists/anti-social elements/terrorists etc. and those killed due to accidents?

Answer: Ex-gratia lump-sum compensation is admissible to NOKs of Armed Forces personnel as under:

Rs. 1 Lakh 20.08.93 to 31.03.95 Killed by extremists/terrorist

Rs. 2 Lakh 01.04.95 to 31.07.97

Rs. 5 Lakh 01.08.97 onwards Killed due to accidents.

Rs. 7.5 Lakh 01.08.97 onwards Killed in action against terrorists

Rs. 10 Lakhto those who were killed in Operation Vijay between 01.05.99 to 31.10.99 Killed in OP Vijay.



Question-No.18: How War Injury Pension is calculated in r/o Post 96 Invalidment/discharge cases?

Answer: War Injury pension consists of two elements: -


(i) Service element


(ii) War Injury element

The procedure for calculation of War Injury Pension on invalidment and discharge is as under: -



War Injury Pension on Invalidment:



Service element in respect of Commissioned Officers will be calculated with reference to pay drawn at the time of Invalidment but counting service upto the date on which he/she should have retired in that rank in normal course including weightage as admissible. Whereas in respect of PBOR service element will be calculated on the basis of the rank and group and maximum length of service for that rank.


War Injury Element:
WIE will be equal to reckonable emoluments last drawn for 100% disablement. For lower percentage it will be reduced proportionately. However aggregate of SE and WIE will not be more than last pay drawn
War Injury Pension on discharge: -
Service element equal to service pension War Injury element Rs. 5200/-, 3800/- or 3100/-, for officers, JCOs & PBOR respectively, for 100% War Injury. For lower % it will be proportionately reduced.
Question-No.19: Whether family pension may be sanctioned to a handicapped child during lifetime of a pensioner who has no wife or any other children.

Answer: No. Family Pension in this case may be sanctioned only when the contingency arises. However, a note of such child will be kept in record of RO/HOO and P.S.A.

Question-No.20: Whether reservists who have opted for lump-sum gratuity in lieu of pension are also entitled to pension?

Answer: Yes. They are entitled to Ex-gratia pension @ Rs. 600/- pm w.e.f. 01.11.97 provided they have not received any rehabilitation assistance from the Govt. and are not in receipt of any other pension.

Question-No.21: Whether a Sepoy who was discharged from service in 1966 and awarded Sena Medal for gallantry is also entitled to any monetary allowance.

Answer: Yes. He is entitled to Rs. 250/- p.m. from 01.02.99 and not from 1966.

Question-No.22: Whether a PBOR pensioner who has got his pension commuted to the extent of only 30% of pension can subsequently commute the remaining 15%?

Answer: Yes. He can get his remaining percentage of pension commuted.

Question-No.23: I was discharged from service on 31.10.96 i.e. after 1.1.96 but my pension is lesser than pension of a pensioner of my rank, group & qualifying service discharged in 12/97. I should get the same pension under one rank, one-pension formula.

Answer: We are not aware of any Govt. letter regarding one Rank, one pension. Govt. Orders on modified parity have been issued which do not envisage that pension of all the pensioners of the same rank, group and qualifying service will be the same.


In-fact pension in respect of PBOR is calculated on maximum of the pay of the rank and group in which last served. Since Pay Scales of those who are discharged on or after 10.10.97 are higher than of those who are discharged between 1.1.96 and 9.10.97, pensions of these two categories of pensioners differ.


Question-No.24: Whether Special Family Pension in respect of JCO who has nominated his mother for pension may be divided between mother and widow.

Answer: Yes. If the mother who is nominated heir does not support her daughter-in-law who requests for division of SFP. The Pr. CDA (P) on the investigation and recommendations of civil authority/BRO, may divide the Special Family Pension in the ratio decided by him. But in no case widow's share will be less than the Ordinary Family Pension.

Question-No.25: Continuance award of Special Family Pension is admissible from which date and in whose favour is the SFP continued?

Answer: When Special Family Pension is sanctioned to widow and she becomes disqualified or dies and it is sanctioned to father or mother it is called continuance award of Special Family Pension. It is sanctioned from the date of application by the parents.

Question-No.26: Whether in all cases service element is payable along with disability element in disability pension cases?

Answer: No. Those who are discharged from service on completion of their terms of engagement with service gratuity without earning a service pension, if found suffering from a disability which is accepted as attributable to or aggravated by service at 20% or above, may be sanctioned Disability Element in addition to service gratuity. Service element is not payable in such cases.

Question-No.27: Whether restoration of commuted portion of pension is admissible to those who were absorbed permanently in autonomous bodies/PSUs and have drawn lump-sum capitalised value in lieu of pension?

Answer: Yes. Only 1/3rd portion of pension which was normally allowed to be commuted may be restored after 15 years from the date of commutation and dearness relief is also payable on this.

Question-No.28: In case of Naval Personnel whole of the Boy Service is taken as qualifying service for pension. Do similar orders exist on Air Force/Army side?

Answer: NO. However, the matter stands referred to Govt. for necessary orders.

Question No. 29: Are two service pensions/family pensions admissible?

Answer: Yes. However two pensions will be admissible for the services rendered in two organisations/Depts. Two family pension are admissible for two casualties. For example a mother who is in receipt of family pension for her husband may also get family pension for her son provided the son has left no widow/eligible child

SOURCE;PENSIONERS PORTAL

1 comments

singh_hucky03

my father has been expired on Oct 2004 (who has been served in army 1960 to 1971 more than 10 years). Is my mother or myself can achieve any benefit/pension from min of def.if yes please guide. Thanks