Defence – Grant of Dual Family Pension for re-employed Military service

Defence – Grant of Dual Family Pension for re-employed Military service

Defence

Grant of Dual Family Pension for re-employed Military service

No. PC -2(6)/2013/D(Pen/Pol)

Government of India/Bharat Sarkar

Ministry of Defence

Department of Ex-Servicemen Welfare

D(Pension/Policy)

Dated 8th July, 2019

To

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject: Clarification regarding grant of Dual Family Pension i.e. Ordinary Family Pension (OFP) from Military Side as well as Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed Military service – reg.

Sir,

The undersigned is directed to state that references have been received seeking clarification as to whether Special Family Pension (SFP)/Liberalised Family Pension (LFP) is admissible on death of a military pensioner re-employed in military service, and his death is attributable to military service.

2. Prior to 17.01.2013, the NOKs of Armed Force Pensioner who got re-employed in Civil Department/PSUs/Autonomous bodies/Local Fund of Central/State Governments after getting retired from military service were authorized to draw Ordinary Family Pension (OFP) either from military side or from civil side whichever was beneficial to them in terms of Gol, MoD letter No. 10(6)/92/D(Pens/Sers) dated 28.09.1992 and regulation 78 of Pension Regulation Part-I, 2008. Subsequently, vide GoI, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner.

3. It was further clarified that dual family pension is admissible irrespective of the fact whether the re-employment was in civil or military department vide GoI, MoD letter No. 10(17)/2012-D(Pen/Pol) dated 21.03.2013. Hence, the family pensioners of military personnel re-employed in military e.g. Territorial Army/Defence Security Corps (TA/DSC) are also covered in the ambit of the Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013 for grant of dual family pension w.e.f. 24.09.2012. However, the admissibility of dual family pension was restricted to ordinary family pension (OFP).

4. Department of Pension and Pensioners’ Welfare vide their OM No. 1/3/2016-P&PW(F) dated 24.01.2019 has clarified that the provisions of two family pensions, one in respect of military/civil service and the other for civil service after re-employment, as available in terms of CCS (Pension) Rules, is also applicable under CCS (EOP) Rules.

5. The matter regarding extending the admissibility of Special Family Pension (SFP)/Liberalised Family Pension (LFP) in cases of death attributable to military service in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 in the case a of dual family pension has been examined. It has been decided that Department of Pension and Pensioners’ Welfare OM No. 1/3/2016-P&PW(F) dated 24.01.2019 would apply mutatis-mutandis to military/civil pensioners re-employed in military service and it is clarified that the provision of two family pensions, one in respect of military/ civil service and Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed military service is also applicable. Special Family Pension (SFP)/ Liberalised Family Pension (LFP) if any, would be admissible in terms of GoI,

6. Where, however, on death of the re-employed ex-serviceman if the family is eligible for Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for first service, family pension for second spell of service would be Ordinary Family Pension.

7. Special Family Pension (SFP)/ Liberalised Family Pension (LFP) shall be granted only in respect of one service and in no case, Special Family Pension (SFP)/ Liberalised Family Pension (LFP) will be granted for both the services.

8. The financial benefits in the past cases will accrue with effect from 24.09.2012.

9. Pension Regulation of the three Services shall be amended in due course.

10. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2017/FIN/PEN dated 21.06.2019.

11. Hindi version will follow.

Yours faithfully,

Sd/-

(A K Agrawal)

Deputy Secretary to the Govt. of India

Source: desw.gov.in

Minimum Disability /War Injury Pension, Special and Liberalised Family Pension Rs.18000 w.e.f. 01.01.2016

Minimum Disability /War Injury Pension, Special and Liberalised Family Pension Rs.18000 w.e.f. 01.01.2016

It is announced in the official twitter handle of the Minister of Defence @DefenceMinIndia that Minimum Disability/War Injury Pension, Special Family Pension and Liberalised Family Pension shall be Rs.18000 with effect from 1.1.2016. The tweet of the Raksha Mantri is given below

Raksha Mantri
@DefenceMinIndia

With approval from Smt @nsitharaman, it has been decided that the disability/war injury pension, special family pension and liberalised family pension shall be minimum Rs 18,000 per month for Defence Forces pensioners/family pensioners, with affect from 1/1/2016.

Time limit fixed for filing Appeal for grant of Family Pension

Time limit fixed for filing Appeal for grant of Family Pension

Time limit fixed for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

Department of Ex-Servicemen welfare has extended  the time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

No.1(3)/2008/D(Pen/Pol)

Ministry of Defence

Department of Ex-Servicemen welfare

New Delhi

Dated: 17th May 2016

To
The Chief of the Army Staff
The Chief of the Air Staff
The Chief of the Naval Staff

Subject: Prescription of time limit for filing Appeal for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/ war injury pension/ element etc.

It has been observed that Service Hqrs are processing the appeal case files-(First Appeal/ 2nd Appeal) for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension and disability/War injury pension/ element etc after elapse of considerable time from the date of rejection of claim/ date of discharge or invalidment of the personnel from Service.

2. The matter has been under consideration of this Ministry for quite some time and President of India is pleased to decide that, a time limit of five years is prescribed for filing an appeal for consideration of the case for grant of Ordinary Family Pension, Special Family Pension, Liberalized Family Pension, disability/war injury pension/ element etc from the date of discharge/ invalidment from service or from the date of rejection of claim. The time limit of five years prescribed in this order is applicable in the case of belated appeal only and the period of six months prescribed in the Pension Regulation and Entitlement Rules etc for filling appeals in respect of disability/ war injury element, special Family Pension etc would continue to be governed under the existing provisions.

    3. The time limit of five years prescribed now will not be applicable in the case of delayed manifestation of disease and all such cases would continue to be governed under the existing previsions provided under regulation 86 of Pension Regulation for Army Part. I [2008].

    4. Para 1(a)(vi) of Ministry of Defence Order No.4684/DIR(PEN)/2001 dated 14th August 2001 and Para 2(c) of Ministry of Defence letter No. 4684/Dir(Pen)/2001 dated 7th November 2001 maybe modified as “Time bar sanction for filing appeals for all type of Family Pension and disability/War injury pension/ element etc in respect of officers and PBORS beyond twelve months to five years”.

    5. A period of one year from the date of issue of this order is granted for submission of the appeal in respect of past cases. This one time relaxation may be allowed judiciously in deserving cases.

    6. This issue with the concurrence of Finance Division of this Ministry Vide their ID No PC-2 to 26(7)/2013/Fin/Pen dated 13/14 April 2016.

    Hindi version will follow.

    Yours faithfully,

    (R K Arora)

    Under Secretary to the Government of India

Download DESW circular No.1(3)/2008/D(Pen/Pol) dated 17.05.2016