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Kendriya Sainik Board:
FAMILY PENSION
5. Family Pensions
  The families of the Armed Forces personnel are granted family pension on the death of a Service personnel/pensioner. Family pensions are of three kinds, namely, Liberalised Family Pension, Special Family Pension and Ordinary Family Pension. The eligibility and conditions under which these pensions are granted are mentioned below:
 
  1. Liberalised familv Pension (LFP)

    Eligibility: The families of the Armed Forces personnel killed in war or war like operations, counter insurgency operations or in an encounter with or in incident involving armed hostiles, terrorists/ extremists, anti-social elements etc, are entitled to the Liberalised Family Pension. Presently, it is admissible as under:-

    Widow: Liberalised Family Pension equal to the reckonable emoluments last drawn by the deceased is payable to the widow in the case of officers and to the nominated heir in the case of JCOs/ORs until death or disqualification. Wef 1.1.96 in case of remarriage of the widow, full liberalised family pension continues to be admissible to her if she continues to support the children or has no children. If she does not support children after remarriage, ordinary family pension at 30% to widow and special family pension at 60% to eligible children are admissible.

    Children: If the personnel is not survived by widow but is survived by child/children only, all children together are eligible to liberalised family pension at the rate equal to 60% of reckonable emoluments last drawn by the deceased. LFP is paid to the senior most eligible child till he/she attains the age of 25 years or upto the date of his/her marriage whichever is earlier and thereafter the LFP is passed on to the next eligible child w.e.f. 1.1.96, in the case of eligible child is physically or mentally handicapped and unable to earn livelihood, LFP is admissible for life. Widowed/divorced daughters upto the age of 25 years or marriage whichever is earlier has been included in the definition of family for the purpose of Liberalised Family Pension.

    Parents: Where an officer dies as a bachelor or as a widower without children, dependent pension is admissible to parents without reference to their pecuniary circumstances at the rate of 75% of the LFP for both parents and @of 60% for a single parent.
     
  2. Special Family Pension (SFP)
    1. Eligibility: Admissible in case of death of a personnel on account of causes attributable to or aggravated by military service
    2. Special Family Pension is admissible at the uniform rate of 60% of reckonable emoluments last drawn by the deceased, subject to a minimum of Rs. 2,550/- irrespective whether widow has children or not (in cases arising on or after 1.1.96). W.e.f. 1.1.96, in case the eligible child is physically or mentally handicapped and unable to earn livelihood, SFP is admissible for life. Widowed/divorced daughters upto the age of 25 years or marriage whichever is earlier has been included in the definition of family for the purpose of Special Family Pension.
    3. Families of SSCOs and ECOs who die under circumstances attributable to military service shall also be entitled to special family pension.

    Special Family Pension on Remarriage Widow: Special Family Pension on remarriage of widow, is regulated as follows:
    (a) Commissioned Officers
    (i) If she has child(ren):-  
        If she continues to support
    children after remarriage
    Full Special Family
    Pension to Continue
    to Widow
        If she does not support
    children after remarriage
    Ordinary Family (OFP)
    equal to 30% of emoluments
    last drawn to the re- married widow; 50% of the family eligible.
        Special Pension to children  
      (ii) If widow has no children Full Special Family Pension to continue to widow.
    (b) JCOs/OR
      (i) If Special Family Pension is sanctioned to the Widow: Same provisions as applicable to officers.
      (ii) Where first life award is sanctioned to parents:
       
    If Widow continues to support children (ren) after remarriage or has no issue 50% of SEP to Parents
    Widow
    If Widow does not support children
    after re-marriage but the children are supported by the parents
    Full Ordinary to widow   SEP
    Family
    to Parents
    If children are not
    supported either by the re- married widow or the parents
    50% 50% Children of SEP
    SEP
    to Parents
    eligible
    On death or
    disqualification of parents
    and the widow supports
    the children or has no issues
    Full   SEP to Widow
    On death or
    disqualification of parents
    and the widow does not
    support the children
    Full Children Ordinary to Widow   SEP to eligible Person
    (iii) Death Gratuity - subject to a maximum of Rs. 3.5 lakhs
    (iv) Ex-gratia payment- Rs. 5 lakhs in cases of death due to accidents including accidents to the service aircraft occurring on or after 1.8.97.
    (v) Other Benefits - Leave encashment upto a maximum of 300 days.
  3. Ordinary Family Pension (OFP)
    1. Eligibility: Families of personnel who die during service for causes neither attributable to nor aggravated by service, or after retirement with pension, are eligible to ordinary family pension.
    2. Rate of Pension: With effect from 1.1.96 OFP is admissible at a uniform rate of 30% of reckonable emoluments last drawn subject to a maximum of 30% of the highest pay applicable to Armed Forces Personnel. The minimum amount of Family Pension is Rs.1275/- per month.

      Past family pensioners are entitled to get at least 30% of the minimum of the revised pay scale introduced w.e.f. 1.1.96 for the rank in the case of Officers and rank and group in the case of JCOs/ORs.

      If the deceased personnel had rendered 7 years or more service, the family is given OFP at the double the rate for the first 7 years or upto the time when the deceased would have reached the age of 67 years whichever is earlier. The amount of enhanced family pension is not to exceed 50% of the emoluments or the Retiring pension if the death takes place after retirement but before 67 years of age.

      With effect from 1.1.98, OFP is admissible also to (i) parents who were wholly dependant on the Armed Forces personnel provided the deceased had left behind neither a widow nor a child and (ii) widowed/divorced daughter till she attains the age of 25 years or up to the date of her re-marriage whichever is earlier. The income criteria is that their earning should not be more than Rs.2550/- per month. This benefit is admissible w.e.f. 1.1.98 also in cases where death of Armed Forces personnel occurred prior to 1.1.96.
6. Ex-Gratia Award In The Event Of Death While Performing Military Duty
  In addition to Liberalised Family Pension/Special Family Pension, ex-gratia payment to the family of a deceased Armed Forces personnel is admissible as under in the event of death occurring on or after 01.8.1997:-
 
a. Death occurring due to accidents in the
course of performance of duties
- Rs.5.00 lakhs.
b. Death occurring in the course of - performance of duties attributable to acts of violence by terrorists, anti-social elements etc. - Rs.5.00 lakhs
c. Death occurring during (i) border skirmishes and (ii) action against militants, terrorists, extremists etc. - Rs.7 .50 lakhs
d. Death occurring during enemy action in
international war or such like engagements which are specifica11y notified by the MOD.
-
-
Rs. 7.50 lakhs.
Rs.10.00.1akhs.
7.
(a) Revision of pension of Pre-1.1.96 pensioners/family pensioners
  The Fifth Central Pay Commission recommended that total parity may be brought between the pre 1.1.86 and post 1.1.86 retirees, by notional fixation of pay of pre 1.1.1986 retires in the post. 1.1.86 scales of pay and refixing of pension of all pre 1.1.1986 retirees on basis of their notional fixation of pay. This recommendation of Fifth Central Pay Commission has been implemented by the Government and total parity has been achieved between pre 1.1.1986 retirees and those, who retired between 1.1.1986 and 31.12.1995.

The Government have also accepted the concept of 'Modified Parity' which stipulates that the consolidated pension shall not be less than 50% of the minimum of the new pay scale, as revised by Government, based on Fifth Central Pay Commission. This will be with reference to the post held by the pensioner, at the time of retirement.
(b) Revision of Disability Pension/Special Family Pension/Liberalised Family Pension/War Injury Pension etc. in respect of Pre-1996 Armed Forces Pensioners
  The 5th Central Pay Commission though recommended the consolidation and revision of Ordinary Family pension in respect of past family pensioners, it is silent about the revision of Special/Liberalised Family Pension. The issue of revision of Disability Pension/War Injury Pension/Special Family Pension/Liberalised Family Pension etc. in respect of pre- 1.1.96 Armed Forces Pensioners was considered in consultation with Deptt. of Pension and Pensioners Welfare and Ministry of Finance and orders were issued by Ministry of Defence for revision of Disability Pension/Special Family Pension/Liberalised Family Pension /War Injury Pension etc. in respect of pre-1996 Armed Forces pensioners vide letter No. PC 1(2)/97/D(Pen-C), dated 16.5.2001. In accordance with the provisions contained in the letter dated 16.5.2001, while for the widows who were in receipt of Liberalised Family Pension (LFP), irrespective of the date of award, the consolidated pension shall be not less than the reckonable emoluments calculated on the minimum pay in the revised scale of pay introduced w.ef 1.1.96 of the rank, rank and group(in the case of JCOs/ORs) held by the deceased personnel at the time of death, for the special family pensioners, the consolidated pension, shall not be less than 60% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.96 of the rank, rank and group (in the case of JCOs/ORs) held by the deceased personnel at the time of death, subject to a minimum of Rs. 2550/- p.m. The rates of Disability Pension, War Injury Pension (except invalidment cases), Constant Attendant Allowance as applicable to post 96 pensioners have also been extended to pre 96 pensioners in receipt of Disability Pension, War Injury Pension, Constant Attendant Allowance etc. w.ef 1.1.96.
8. Grant of ex-gratia to reservists
  On the recommendations of 5th CPC, Government order has been issued on 29.12.2000 for grant of ex-gratia to reservists. As per the Govt. letter ex-gratia of Rs. 600/- per month plus dearness relief applicable from time to time has been granted to the reservists who were discharged prior to 1.4.1968 and fulfilling other laid down conditions. The ex-gratia will be payable w.e.f. 1.11.97.
9. Double Family Pension
  With effect from 27th July, 2001 family pension admissible under the employees Pension Scheme 1995 and the Family Pension Scheme 1971 has been allowed in addition to the family pension to the Armed Forces personnel under the relevant Pension Regulations.
10. Dearness Relief to Ex-Servicemen on Re-employment
  Payable on full pension including commuted portion if any as per the rates notified by the Govt from time to time.
 
  1. PSU Absorbees:- Dearness Relief is payable at par with other pensioners.
     
  2. Re-employed pensioners:- (i) Payable w.e.f. 18.07.97 provided pay on re-employment is fixed at the minimum of the pay of the post in which re-employed and full military pension was ignored for fixation of re-employed pay and was not re-employed in group ‘A’ post. (ii) Re-employed Group A pensioners are also not entitled to Dearness Relief.
     
  3. Family Pensioners:- Payable from 18.07.97 irrespective of employment.
11. Retirement Gratuity
 
  1. Eligibility: Minimum qualifying service is 5 years for all.
  2. Weightage in qualifying service :-
    5 years in voluntary 5 years in all cases of Commissioned retirement cases. officers & JCOs/ORs.
  3. Formula for Retirement Gratuity :- Payable in lump-sum @ 1/4th of emoluments for every six monthly period of service subject to maximum of 16.5 time of emoluments and further subject to maximum ceiling of 3.5 lakhs.
  4. Formula for Retirement Gratuity:- Payable in lump-sum @ 1/4th of emoluments for every six monthly period of service subject to maximum of 16.5 time of emoluments and further subject to maximum ceiling of 3.5 lakhs.
 
Grant Of Family Pension For Life To Handicapped Children Of Armed Forces Personnel
Govt of India letter No. A/49601/AG/PS-4(e)/1243/B/D(Pens/Sers) dated 07 Nov 91, on the subject is as given under:-
P.C. No. A/49601/AG/PS-4(e)/1243/B/D(Pens/Sers)
Govt of India
Ministry of Defence
New Delhi,
the 7th November, 1991
 
To

The Chief of Army Staff
The Chief of Navy Staff
The Chief of Air Staff
 
GRANT OF FAMILY PENSION FOR LIFE TO HANDICAPPED
CHILDREN OF ARMED FORCES PERSONNEL

Sir,

As per the provisions contained in this Ministry's letter No. A/49601/AG/PS-4(e) / 3363 /B /D (pens/Sers) dated 27 August 1987, read with letter No. 6(10)/87/3206/B/D(Pens/Sers dated 3rd September 1987, on the subject, son or daughter of a Service Personnel suffering from any disorder or disability or mind or physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age or twenty five years was made eligible for grant of family pension for life subject to certain conditions. These orders were made effective from 30th September, 1974. In other words children of Service Officers and personnel below officer rank who retired/died on or after this date were made eligible for family pension. Subsequently, as per Govt letter No. A/49601/AG/PS-4(e)/3363/B/D(Pens/Sers) dt. 7th Oct 1987, the provisions were extended to such sons/daughters of those Armed Forces personnel also who retired/died before 30th September, 1974.

In the Explanation (a) below Para 2(v) of the letter dated 27.8.1987 referred to above, it manifests itself before the retirement or death of the Service personnel shall be taken into account for the purpose of grant of Family Pension under that letter.

It has been represented that the restriction imposed with regard to the manifestation of disablement before the retirement or death of the Service personnel was acting harshly on the disabled children who are in the utmost need to be provided with succour, being unable to earn a living to sustain themselves, and may, therefore be removed.

The President is now pleased to decide that the requirement of manifestation of the disability before precondition for the grant of life time family pension as stipulated in the Explanation (a) below Para 2(v) of this Ministry's letter dated 27.8.1987 referred to above, may be dispensed with. The President is also pleased to decide that the eligible disabled children who were not granted this benefit due to absence of necessary provision in the orders prior to September 1974 or due the operation of restriction as referred to above, will also now be eligible for the benefit of life time payment of family pension. This is, however, subject to the condition that they are not already in receipt of any pension or are eligible therefore under any other rules of the Central Govt or a State Govt and/or a public sector undertaking/ autonomous body/Local Fund under the Central or a State Govt.

It is also clarified that the benefit referred to in Para 4 above, will be admissible to the eligible disabled children whether born before or after retirement, and its grant shall continue to be governed by other conditions stipulated in Army instruction 51/80 and corresponding provisions on the Naval and Air Force side and the Govt letters referred to above.

The Pension Regulations for the three Services will be amended accordingly, in due course.

These orders take effect from 19th Feb., 1990, i.e. the date from which similar provisions were issued on Civil side vide Dept. of  Pension & Pensioners Welfare OM No. 1/80/89-P&PW(C) dt. 19.2.1990 and cover past cases referred to in Para 4 above also.

This issues with the concurrence of Finance Division of the Ministry vide their U.O. No.2644/Pen/91, dt.31.10.91.
Sd/- xxxxxxxxxx
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