Service Pension : Regular Army/Air Force/Navy/DSC
What is Service Pension ?
Service Pension is a pension, which is sanctioned to a Armed Forces retirees on Completion of his terms of engagement for the qualifying service Rendered by him in the Armed Forces.
Conditions for award of Service Pension to Armed Forces retirees:
- Minimum qualifying service without weightage to earn a Service pension is 15 years for JCOs/OR and 20 Yrs for Officers (20 years in case of NC (E))
- 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. - 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.
- 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.
- The amount of pension finally arrived at will be subject to a minimum of Rs. 3500/- per month.
Authority for grant of pension :G.O.I. letter no 14(3)/2004-D(Pen/Sers)/Vol.III dated 01/02/2006 and 02/05/2006. The service pension in respect of PBOR for 33 years of qualifying service is calculated at 50% of the maximum of the scale of pay, including 50% of the highest classification allowance, if any, of the rank/pay group actually held continuously for 10 months (or maximum period of 10 months) before the date of discharge subject to minimum of Rs.1275/- p.m.(Rs.1913/- pm after merger of DP)
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.
Pension for discharge at Own Request/PMR
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.
Pension for Dismissal from service cases
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 of disability pension
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)
- Unintentional killing by own troops during the course of duty in an operational area
- 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 poisioning 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:- Service ElementThe amount of service element ahall 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.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. (Revised as Rs 9000/- pm wef 01.01.2016. 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 :- 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
- 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 claus has been with drawn wef 1.1.06.
- When a personnel is dismissed being undesirable soldier on administrative/disciplinary grounds.
- In the cases where disability is neither attributable to nor aggravated by military service.
- 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 atributability /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:
- Injury Cases
- Disease Cases
- Where disability is permanent in nature
- Where disability is not permanent in nature
Pending Enquiry Award of disability pension
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 for rejection of disability pension
An individual may submit two appeals against rejection of disability pension within 6 months from the date of rejection memoThe 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).
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