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I am the mother of a late jawan, why should the wife get the pension when my son was not happy with her. Why can’t I get the pension?
As per Pension Regulation, wife is the highest eligible heir for receiving family pension. How happy / un-happy your son was with your daughter in-law could have been an issue for divorce, had your son been alive. However, after his death the only issue is the legality of marriage, your son’s happiness/ un-happiness has no direct bearing on her legal eligibility to Family Pension. Mother is the highest eligible heir only for a bachelor defence personnel (in case of married personnel when wife and children become disqualified for FP).
When I was selected in the defence service, I was fit therefore whatever disease/disability I have picked up in service is because of the hard nature of Military Service. Therefore, why is my disease/disability categorized as not attributable to/aggravated by the military service?
A disability can creep in a fully fit person either through an injury or through a disease. If the disability is due to injury, then the COI/Injury Report will comment on the circumstances under which the injury took place. If the injury has taken place while discharging an official duty, only then, it will be attributable to the service, not otherwise. Similarly, a disease can emerge due to constitutional / genetic reasons or due to situation created by the Military Service. The Specialist Medical Officers in IMB/RMB have clear guidelines on how to distinguish between the two. The specialist Medical opinion will be considered as final for the purpose of deciding attributability to / aggravation by Military Service.
Will the PPO reissued when pension is revised?
Yes.The PPO will be reissued as and when the pension is revised. The pensioner can make a request to Pension Sanctioning Authority for the same.
When will the commuted pension be restored?
Commuted portion of the pension will be restored suo moto, after 15 years from the date of commutation.
What is OTRAMB in respect of Pre – 96 retirees?
The earlier system was that the disease /disability were reviewed periodically every two to three years or less after discharge/superannuation by RAMB. This system was causing a lot of inconvenience to pensioners who were old and disabled. The Govt, therefore, decided to conduct one last and final, One Time RAMB for Pre-96 disability pensioners. The recommendations of the RAMB on the disability percentage were to be treated as final and for life.
I am an SNLR case. Why, I am not entitled for service element in disability pension?
As per interpretation of Audit Authorities, service element in disability pension is only authorised when an individual is invalided out of service on medical grounds i.e IMB Discharges. Since individuals who go out on SNLR grounds do not fit the category of invalidation out of service on medical grounds therefore, those individuals (SNLR case), who are low in medical category and are eligible for disability pension, are only given disability element of disability pension and not the service element.
What is a life certificate? When to Submit?
Annual identification of live pensioners by the banks is a must. This is done by banks every year in November by obtaining a life certificate from pensioners. If the life certificate is not submitted in time, the banks can stop the pension payment. This is a precaution which banks take to detect fraudulent withdrawal from pension accounts of pensioners who are dead. The format in which life certificate is to be submitted should be preferably taken from the bank. For a very sick and severely handicapped pensioners, the bank should be requested to send an official to home of the pensioner to physically verify and then issue the life certificate. It is easier to submit the yearly life certificate every year in November than to struggle subsequently for restarting a stopped pension. The life certificate is also required to be submitted before collection of first pension/family pension.
Since the first wife is dead, why can’t I get the pension as second wife?
When you married, the first wife was alive, therefore in legal terms, your marriage had become null and void ab-initio and will remain null and void through out. The mere death of first wife does not change the null and void status of your illegitimate marriage.
I am an employed lady with State / Central Govt, my husband has expired, since I am earning a handsome salary, will I get family pension or not?
Yes, you are entitled for Family Pension of your deceased husband alongwith applicable rate of Dearness Relief irrespective of your pay scale. This is a privilege given to all legally wedded wives.
How frequently and at what interval RAMB is required to be carried out?
As per present policy, wherever possible (for disability of permanent nature), the medical board will recommend the disability pension for lifetime. For other cases based on medical opinion one RAMB will be carried within two to five years or less and a final decision on lifetime disability will be given. There will normally be no requirement for a second RAMB.
What is RAMB? My disability was initially assessed as 60% but now in the RAMB it has been reduced to 20%.Why?
The disability percentage initially granted to the individual by IMB/RMB can reduce with time bound improvement. However certain other disease/disability can increase in percentage with time bound deterioration. The purpose of RAMB (Re-Assessment Medical Board) is to reassess this disability and reduce/increase the disability percentage as per specialist medical opinion. Accordingly the RAMB has the powers to reduce the disability percentage from 60% to 20% or even less. Similarly RAMB can increase disability percentage from 60% to higher figures. However, even if disability percentage is reduced to less than 20%, still the service element (where applicable) with DA continues.
I am not aware about my disability’s attributability aspects and degree of percentage assessed by RMB/IMB. How can I know the same?
As per para 12 of DGAFMS letter No. 16050/DGAFMS/MA(Pens) dtd 25 Jan 07, signature of the individual on all pages of AFMSF-16 are obtained by RMB/IMB at the time of conducting board. That time individuals can know their attributability aspects and degree of percentage of disability written by board in the AFMSF-16. Further, after adjudication of their disability pension claim by AOC AFRO, a copy of approved AFMSF-16 is despatched to them for their reference. Individuals are advised not to sign on blank pages of AFMSF-16 at the time of conducting their medical board.
What are the kinds of pension?
a. Service Pension: Eligible after 15 years of qualifying service;
b. Invalid pension : Eligible to who are found not medically fit for further service or not medically fit for the trade in which enrolled but unwilling to remuster to the other trade and are not in receipt of service/disability pension & the qualifying service is 10 years and above;
c.Disability pension: Payable to those, whose disability is attributable or aggravated by military service and the degree of disability is 20% and more;
d. Family Pension:
(i) Ordinary: Payable if the pensioner expires after 67 years of age, to the widow or children in their order of eligibility. If the deceased is a bachelor then the surviving parents will be eligible for family pension.
Children are normally not eligible for family pension after 25 years of age/ employment/ marriage whichever is earlier. However, there is a special provision of life long pension to Handicapped children who are not capable of earning their livelihood. Based on the required medical certificates and verification report, Ordinary Family Pension can be released to handicapped child after the death of widow when his/her turn comes. Besides above, there is a provision for family pension beyond 25 years of age in respect of widowed /divorced /unmarried daughters provided other conditions are fulfilled as above.
(ii) Enhanced : It is granted for 10 yearsfrom the date of death in case of service death and there is no upper age limit. However in case of death of a pensioner, it is granted for a period of seven years or till the pensioner would have attained the age of 67* years of age (*applicable to those retiredor after 13 May 1998) , whichever is earlier. The minimum qualifying service for grant of enhance rate of Family Pension is seven years. It is granted to the widows and children. However, ER is not applicable in respect of parents of deceased personnel.
(iii) Liberalised: is granted in case of death of an Armed Forces Personnel due to acts of violence/attack by terrorists, anti social elements, enemy action in international war, action during deployment with a peace keeping mission abroad, border skirmishes, etc.
(iv) Special: if the death is considered as attributable to or aggravated by Military Service then the widow /NOK will get Special Family Pension (SFP).
What is the procedure for withdrawing pension of an insane/physically handicapped pensioner?
The procedure for such an eventuality is given in PPI Para 38. In order to protect the interest of the pensioner certain checks and balances are there in this procedure. Please write to RO for a detailed advice on this matter.
What is additional pension payable on attaining the age of 80 years and above?
Payable to pensioners and family pensioners who have attained 80 years of age or above as given below:-
80-less than 85 yrs of age: 20% 85-less than 90 yrs of age: 30% 90-less than 95 yrs of age:40% 95-less than100yrs of age: 50% 100 yrs of age & above. : 100%
Admissible from the first of the month in which the birthday falls.
I am a pre-1964 retiree with low medical category. Why I am not entitled for invalid pension like post – 1964 retiree?
The provision of invalid pension is applicable only for Post – 64 retirees as per the Govt orders in this matter.
What is constant medical attendance allowance?
Paid on the recommendations of the medical board to 100% disabled defence personnel who is in receipt of disability pension. It is admissible at a uniform rate of Rs. 3,000/- pm, irrespective of the rank. Further this rate be increased by 25% every time the dearness allowance payable goes up by 50%.
My RMB/IMB has recommended a very high percentage of disability (50 %, 80%, 100% etc.) then why am I not eligible for disability pension?
To become eligible for disability pension, besides the disability percentage, the injury/disease should also be attributable to /aggravated by Military service. Therefore, despite high disability percentage an individual will not be eligible for disability pension, if his medical board (IMB/RMB) has given opinion that the injury/disease was not attributable to/aggravated by the Military Service.
What is war injury element?
The rates of War Injury Element for 100% disability for various ranks shall be equal to the reckonable emoluments last drawn which would be proportionately reduced where disability is less than 100%. However, in no case aggregate of service element and war injury element should exceed the emoluments last drawn.
What is PPO?
A Pension Pay Order, which is shortly known as PPO is an authorisation to draw pension, issued to a pensioner by the pension sanctioning authority at the time of retirement. The PPO will contain the details of pension sanctioned and DCRG paid at the time of retirement. This will also have the name and particulars of the person who is entitled to draw Family Pension in the event of death of a pensioner.
What is Ex- gratia payment?
Ex gratia payment is an one time lump sum payment to the widow or the eligible family member, in case of death of an employee while performing his bona fide official duties. There are different rates to different types of death. The revised rates are as follows:-
(a) Death occurring due to accidents in course of performance of duties:
(b)Death in the course of performance of duties attributed to acts of violence by terrorists, anti-social condition 25 Lakhs
(c)Death occurring in border skirmishes and action against militants, terrorists, extremists, sea pirates.
(d) Death occurring while on duty in the specified high altitude, inaccessible border posts, on account of natural disasters, extreme weather conditions –
(e)Death occurring during action in war or such war like engagements, which are specifically notified by Ministry of Defence and death occurring during evacuation of Indian Nationals from a war-torn zone in foreign country –
What are the rates of different pensions?
50% of Last Pay Drawn
30% of reckonable emoluments for 100% disability, reduced pro rata for lesser disability.
30% of Last Pay Drawn.
is applicable @ 50% of reckonable emolument +
admissible Dearness Relief from time to time or at the rate not exceeding the Service Pension authorized to the deceased after the death.
Liberalised: It is granted @ 100% of reckonable emolument + admissible Dearness Relief
applicable from time to time. The minimum rate of LFP specified as per VI CPC is Rs. 7000/- Pm + admissible dearness relief. It continues even after re-marriage of the widow.
Can I get a copy of the COI and RMB/IMB/RAMB proceedings? How will I know my disability percentage and whether my disease/ injury is attributable to/ aggravated by service?
Yes. After adjudication of disability pension claim, P&WW (DP) sends an original copy of IMB/RMB to individual along with letter communicated regarding rejection/acceptance of disability pension claim. To know your disabilitypercentage and whether your disability is attributable to / aggravated by service, you can find it while signing on the pages of IMB/RMB.
What is the Appeal Medical Board and where is it conducted?
In all cases at the appeal stage, where the Appeal Medical Authority disagrees with the awards of the Invaliding Medical Board/Release Medical Board (IMB/RMB), a fresh Physical Examination is held, for which sanction is issued by DGAFMS. The physical examination is held at Base Hospital Delhi Cantt. Free Railway Warrant is not admissible to attend the Appeal Medical Board. The decision of the Appeal Medical Board is considered final and no further review is entertained. (Authy : O/o DGAFMS letter No. 16036/DGAFMS/MA(Pens)/12 dated 16 Mar 05.)
My husband left military as a bachelor and married me after two years of retirement. He has written that as per the records at RO he was a bachelor. What to do?
Your husband was drawing pension and therefore he must be aware that his wife will be entitled for family pension. Not informing about his marriage and birth of children after his discharge to this office was a grave error on his part. Now you will have to satisfy certain legal and procedural formalities to prove that you are his legally wedded wife and that your children were born out of marriage with him. In addition, we will do our own enquiry on this matter. Please wait for our detailed letter.
My husband has been declared as a deserter and dismissed from service. However, I feel that he is missing and has probably died in un-fortunate circumstances. I have no money and no one is there to look after me. Please advice and help me.
Desertion is a serious offence for any fighting force. Therefore, till your husband is a deserter no financial benefits can be given to you. Since you feel that he is not a deserter and he might have died under un-fortunate circumstances, we will write to the last parent unit of your husband to carry out a fresh Court of Inquiry into this matter. If based on this inquiry, it emerges that your husband is not a deserter but a missing presumed dead person then your case for Family Pension would be considered. In addition to this provision, you also have the option to go to a court of law (after seven years of your husband presumably being missing) under section 108 of Indian Evidence Act. If the court declares your husband as a missing presumed dead person, then again your case for Family Pension could be considered.
However, please be informed that any deliberate attempt by you for wrongful financial gains by willfully hiding the fact of his desertion can subsequently result in criminal proceedings against you.
What is Review Medical Board?
(a) At the time of conducting IMB/RMB, if IMB/RMB accepts the disability of any individual as attributable to / aggravated by service but assessed it at less than 20%, then the concerned individual has right to ask for Review Medical Board, if he so desired.
(b) Further, those personnel who are granted Disability Element (DE) of Disability Pension for specific period and later on their disability has been assessed at less than 20% for life through RAMB and a result of which their Disability Element has been discontinued.
In case the disability is re-assessed at less than 20% by RAMB then the individual is not satisfied with the assessment of the RAMB then he is given an option to submit an application to this office for Review Medical Board. The application forwarded to higher authority (i.e. DGAFMS). On acceptance of the application by DGAFMS, the Review Medical Board is conducted for which the individual has to report to hospitals, zone wise as mentioned below, at their own expense after receiving call up letter from the Hospital. Free Railway Warrant is not admissible to attend the Review Medical Board. The decision of Review Medical Board is considered final and no further appeal/representation is entertained against the decision.
The Review Medical Board is being conducted at the following two hospitals only:-
(i) For North Zone – Army Hospital (R&R), New Delhi – 10
(ii) For South Zone – AFMC, Pune
When I have discharged (LMC) at a higher rank why am I getting disability pension for lower rank?
Disability Pension is given for the rank, which was held at the time of the onset of the disease/injury. It has nothing to do with the rank holding at the time of discharge. However, in medically boarded out (IMB) cases an individual get disability pension for the rank held by him on the date of invaliding from service.
Who is supposed to revise/What is the procedure for revising my disability pension rates as per the new pay commission?
In case of Pre-06, if an individual is already drawing the pension, then the onus of revising his disability pension and DA as per new pay commission/New DA rates lies with the Pension DisbursingOffice (Bank, DPDO, Treasury Office). To implement this, PCDA(P), Allahabad has already issued instructions to all PDAs vide Circular No. 410 dated 13 May 09. AFRO has no direct role in this revision.
I am a case of RMB. Why my is not rounded off to higher figure like IMB cases?
The special provision of rounding off disability percentage to higher figure is only applicable for individuals who are invalided out of service solely on medical grounds through an IMB or discharged being medically unfit for present trade and unwilling to remuster to other trade (post-96 only). It is not applicable for normal discharges through an RMB.
What is Invalid Gratuity?
n case an individual is invalidated out of service, on account of causes, which are neither attributable to nor aggravated by military Service and his actual qualifying service is more than five years but less than ten years, then he is eligible for grant of invalid gratuity and DCRG. In case service of an individual is less than five years and more than six months, he is eligible for invalid gratuity only. The quantum of invalid gratuity is equal to one month’s pay of the rank last held, for each year of service rendered. The pay means the pay last drawn. Invalid gratuity is exempted from Income Tax.
What is Dearness Relief?
The dearness relief is payable to a pensioner twice in a year from 01 January and 01 July. The DR is paid to compensate the increase in the cost of living so that the purchasing power of basic pension remains intact throughout. The GOI normally announces the rate of DR payable in January and July, during the month of March and September, respectively.
Am I entitled for DR / Family pension on Disability Pension?
Yes. you are entitled to DR on disability pension. Family pension is entitled on service element of disability pension as well as on Invalid Pension. However those pensioners who are not in receipt of Invalid pension/service elements of disability pension are not eligible for FP.
My husband has died recently I went to collect my Family Pension to the bank as per joint notification. However, there is a difference of my name in the joint notification and the account I have with the bank. The bank has refused to pay me Family Pension. Please advice me and help me.
Family Pension has a history of conflict between the legal and the illegal wife for grabbing family pension. Since only the legal wife is entitled for Family Pension therefore, the checks and balances at every Govt agency in terms of correct name of the widow and her correct identity are very critical for commencing Family Pension. Your husband should have been very careful in ensuring that your name has been written correctly in his service records. We have instances of widows who have fought for ten to twenty years in a court of law to prove their status as a legal wife. Now we will carry out an investigation through our MilitaryPolice and thereafter, based on the emerging facts we will give you a suitable advice on future course of action.
My husband and his first wife were under the process of mutual divorce; I met the first wife and took her clearance for my marriage. After six months of my marriage legal divorce was granted between the first wife and my husband. Therefore, I fail to understand as to what the problem is and why I am being denied my family pension?
Your actions may appear to be socially correct but they are wrong from the legal point of view.You should have married only after divorce of first wife. Till the divorce order by a court of law was issued to the first wife she continued to be the legal wife of your late husband. Since you married six months before the date of divorce, therefore, your marriage has become null and void and will remain so. The consent of first wife does not provide legality to your marriage. Since your marriage is null and void ab-initio, you are not eligible for family pension.
What is Pension?
Pension is “deferred pay“, payable after retirement from service to take care of post- retirement life.
What are the Income Tax Provisions On Pension?
Following are exempted from income tax:-
(a) Commutation amount
(c) Leave encashment
(d) Provident Fund
(e) The full monthly pension is exempted from income tax only for those pensioners who are in receipt of Disability element of pension, Gallantry awards and Liberalised Family Pension (LFP) for death in notified operations.
What is commutation of pension?
A pensioner can purchase a certain percentage of pension as lumpsum at the time of retirement or within one year without medical certifate. Commutation after one year of retirement requires medical certification by the competent medical authority.
The amount of commutation is determined by the multiplier known as commutation factor, which varies depending on the age at the time of retirement. The commutation table is notified by the government from time to time. Currently the defence pensioners can commute up to a maximum of 50% of the pension sanctioned to them. They will be paid only a residual pension( pension sanctioned minus pension commuted) every month. But the DR will be drawn on the entire pension sanctioned.
How to change the pension disbursing office (PDO)?
Change of PDO involves transfer of vital pension papers from one PDO to another or from one PDO to another PDO. AFRO has no direct role in this change. This is the matter between the two PDOs who are involved in the transfer. For the purpose of transfer a simple application to the PDO should be adequate. However based on our experience at AFRO we would like to advise that change of PDO should be a well considered decision because at times the pension papers are despatched by the old PDO but are not received by the new PDO. This results in discontinuation of pension for 6-8 months before the situation can be resolved and the pension can be re-started through a fresh PPO.
My husband/ son is invalided out of service. He is mentally un-sound/in a vegetable state and can not get up from the bed. Can I draw his pension as his wife/father/mother/ NOK?
As per Para 9 and 38 of Pension Payment Instructions 1973 Edition, there is a provision to collect pension by next of kin on behalf of an individual who is not mentally fit (i.e. insane cases etc). However in this procedure there are checks and balances to protect the interest of the pensioner.
What is the procedure to draw pension by those residing abroad?
For the defence pensioners residing abroad, a Non Resident Indian account can be opened in any branch of a nationalized bank. The bank thereafter collects pension, if given power of attorney on pensioner’s behalf. With power of attorney, the bank normally collects individual’s pension once a year only.
Should there be any query on this matter, OIC Audit / PSB Cell, O/o PCDA (P), Allahabad can be approached. Based on our experience we would like to caution here that any casual attitude in handling pension matters while residing abroad can lead to stoppage of pension. Once pension is stopped it is a very cumbersome and time-consuming process to re-start it.
What is Death-cum Retirement Gratuity (DCRG)?
DCRG is a lump sum payable
On retirement: @ Quarter of the monthly emoluments for every completed six months service subject to a maximum of 161/2 months emoluments.
On death in harness: @Half a month’s salary for every completed six months of service subject to a maximum of 33 months emoluments and further subject to a maximum of 10 lakh. Payable in addition to entitled pension.
My daughter in law is suspected of murdering my newly married son in connivance with her lover. She is pregnant and in police custody. She is a blot on the name of woman-hood. Please make sure that no pension is paid to her and I am paid pension as mother.
As per Pension Regulations when an eligible heir is suspected of murder she will not be paid with any pensionary benefits till the final decision of the court. However, as per law every accused is innocent till proved otherwise in the court of law. Therefore, as per Pension Regulation family pension will remain frozen and will not be paid to any other eligible heir including you till the final court judgement. Even if your daughter in law is convicted, since she is pregnant her child will be the next highest eligible heir for family pension. Since you are alleging that the child belongs to the lover and not to your son, you are at a liberty to request for a DNA test and get a suitable order from a court of law in this matter. No family pension will be disbursed in this case till the court gives an order on eitherconvicting or releasing your daughter in law. Further, in case the daughter in law is convicted the onus of proving your allegation that the child belongs to her lover and not to your late son squarely rests on you. If you fail to get a suitable court order the pension will go to the legal guardian of the child.
I am a pre – 96 IMB case. Why my disability pension is not rounded off like Post – 96 IMB cases?
The provision of rounding off disability percentage to specified higher figure for IMB cases has been introduced on the recommendations of Vth Pay Commission. Therefore, it is applicable for Armed Forces personnel who were in service on 01 Jan 96 or join/joined service thereafter. It is regretted to say that the provisions of rounding off are not applicable for Pre-96 IMB retirees also.
Is PCDA (Pension)- Pension Call centre available?
Yes its available. Toll free number : 18001805325. For facilitating proper response please keep following intimation ready for submission to the Pension Call Centre executive
1. PPO No.2. IC No. / Reg. No.3. Name of Pensioner / Family Pensioner4. Date of retirement / discharge / death 5. Brief of points on which information / clarification requires.
Who will disburse the pension?
Pension can be drawn from any of the following pension Disbursing offices:
(a) Defence Pension Disbursing Office (DPDO)
(b)Treasury Office (TO)
(c) Post Master (PM)
(d) Public Sector Banks (PSBs)
(e) Private sector Banks like HDFC, ICICI& Axis Bank
Note: The individual in person must collect the first pension along with commuted value of pension and DCRG.
I have gone out of service at own request. Why am I not eligible for Disability Pension?
As per Note at Para 8.3 of MOD letter No. 1(2)/97/D(Pen-C) dated 31 Jan 200, a person going out of service at his own request is not eligible for disability pension.
What is the procedure for change of pension drawing Branch/Bank?
A pensioner can change his PDA (pension disbursing agency) as per his choice. For this he has to apply to his PDA i.e. the bank or branch from where he is drawing pension. If there is any unusual problem he can contact Dte of PP&R for advice. With the advent of core banking, change of PDA within the same bank (SBI New Delhi to SBI Bangalore) is relatively simple and quick as compared to change of PDA from one bank to another i.e. SBI New Delhi to Central bank at Bangalore. Certain precautions should be taken before applying for change of PDA, such as there should be no major amount/ arrear due in the pension account and the last pension should be drawn as and when it becomes due and thereafter immediately apply for transfer. Depending upon the banks efficiency, the procedure can take 4 to 10 weeks. It can take even longer if there is a transit loss of documents. Widows who want to shift to their children‟s residence after their husband‟s death, must activate their jointly notified family pension and should draw their family pension for few months before applying for change of PDA.
I am the mother of the late jawan. His minor children from first wife are with me. After the death of his first wife my son had married another lady who does not look after the children born from my first daughter in law. Can I get pension on behalf of minor children of my first daughter in law?
Pension Regulations provide for division of pension between the children of first legal wife and the second legal wife (i.e. marriage after legal divorce / death of first wife). If after verification it is proved that you had been keeping the minor children with you from the first wife of the late airman then you can produce a guardianship certificate and as a legal guardian of the minor child you will get 50% of the entitled pension till the child is 18 years of age thereafter the child himself can receive his pension. The other 50% will go to the legal second wife. After the first child from first wife attains the age of 25 years of age then the pension will go to the second child till he/she attains the age of 25 years of age. After both the children have reached 25 years of age (in case of daughters’ when they get married) full pension will be restored to the second legal wife.