Defence Pensioners/Family Pensioners: Common Questions asked in Defence Pension Adalats

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:

  
             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:

         

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.

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: –  

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: 

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.