Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

No.1(2)/2016-D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, Dated , the 30th September 2016

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

Subject: Revision of pension of pre-2006 pensioners (JCOs/ORs and Commissioned Officers) -delinking of qualifying service of 33 years for revised pension.

The undersigned is directed to refer to this Ministry’s letter No- 7(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, for implementation of government decision on the recommendations of the Sixth CPC for revision of pension/family pension in respect of Pre- 2006 Armed Forces pensioner/Family pensioners. As per provisions contained in Para 5 of the letter, revised pension and revised ordinary family pension of all Pre-2006 Armed Forces pensioners/Family pensioners determined in terms of fitment formula laid down in Para 4.1 of above said letter dated 11.11.2008 should in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired/discharged] invalided out/ died including Military Service Pay and ‘x’ Group Pay, where applicable. The pension so calculated had to be reduced pro-rata where pensioner had rendered less than 33 years of qualifying service.

2. The above minimum guaranteed pension was revised w.e.f. 24.09.2012 vide GOI, MOD letter No. 1(11)/2012/D(Pen/Pol) dated 17.01.2013 in case of commissioned officers. As-per this letter, with effect from 2409,2012, the minimum guaranteed pension in respect of Pre-2006 commissioned officers/family pensioners should be determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed to SAI 2/8/2008 as amended(equivalent instructions for Navy.& Air Force) and SAI 4/S/2008 (for MNS Officers), plus grade pay corresponding to the Pre-revised scale from which the pensioner had retired/ discharged/invalided out/died including M.S.P. The minimum guaranteed pension/family pension in respect of Pre-96 retired EC/SSC officers should be revised w.e.f. 24.09.2012 as 50% / 30% respectively of the pay in pay band corresponding to the pre revised scale of pay of Rs, 10500/- ( in terms of para 9 (a)(l) of SAI 1/S/2008 ) plus grade pay of Rs 5400/ and M.S.P. of Rs. 6000/-.

3. The above minimum guaranteed pension was further revised, vide Ministry’s letter No. 1 (04)/2015/(l)-O(Pen/Pol) dated 3rd September, 2015 ( in r/o JCOs) and Letter No- 1 (04)/2015/(11)-D(Pen/Pol) dated 3rd September, 2015(in r/o JCO/ORS). Pension/family pension in respect of Pre- 2006 Armed Forces pensioners/Family pensioners, has been determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised Pay Band as indicated under fitment. tables annexed with 1/8/2008, 2/8/2008, 8 4/8/2008 as amended and equivalent instructions for Navy and Air Force, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired! discharged/invalided-out/died including Military Service Pay and 'X'- group pay where applicable w.e.f. 01.01.2006. However, vide Ministry’s letter No. 1(7)/2014-D‘(Pen/Pol) dated 31.07.2015, the minimum guaranteed pension in case of Medical Officers of AMC/ADC/RVC has been revised by adding NPA, @ 25% of minimum of fitment table for the rank In the revised Pay band as indicated In the‘fitment table annexed with SAI 2/S/2008.

4. Now, GOI, Ministry of Personnel, PG & Pensions, Department of Pension Pensioners Welfare has Issued OM, No. 38/37/08-P&PW (A) dated 06.04.2016 for delinking of Qualifying Service with-pension for revision purpose. Therefore, it has been decided that w.e.f. 1.1.2006, revised consolidated pension and family pension of. pre-2006 armed forces pensioners shall not be lower than 50% and 30% respectively of the minimum of the pay in the Pay band plus. Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/ invalided out/died including Military Service Pay and X group pay, if any, without pro-rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Ministry's letter dated 11.11.2008 would stand modified to this extent.

5. Revised table’s indicating minimum guaranteed retiring/service pension and Ordinary family pension have been annexed to this letter as follows:
Annexure A for commissioned officers (JCOs)
Annexure B for Army Pensioners (JCOs/ORs)
Annexure C for Airforce Pensioners (JCOs/ORs)
Annexure D for Navy pensioners (JCOs/ORs)

Pension Disbursing Agencies (PDA) are hereby authorized to step up the pension/ family pension of the affected. pre-2006 pensioners where the existing pension being paid to the pensioners, is less than the rata of pension indicated in above said annexures. Necessary implementation instructions to all concerned shall beissued by principal CDA (Pensions), Allahabad

6. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006. Further, the pension/Family pension of the Armed Force Personnel has been revised a number of times in past vide various letters issued by this. Ministry, therefore, if pension already revised w.e.f. 01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014(OROP) under respective Govt. orders happens to be more than this amount. then Retiring/Service and Family Pension as per above orders will continue to be paid as basic pension during that period.

7. Payment of Life Time Arrears (LTA) : If a pensioner to Whom the benefit accrue-s under the provisions of this letter has died/dies before receiving the payment of arrears, the Life Time Arrears of Pension (LTA) shall be paid in the following manner:

(a) If the claimant is already in receipt of Family Pension or happens to be the person in whose favour Family Pension already stands notified and the awardee has not become Ineligible for any reason, the LTA under the provisions of this letter should be paid to such a claimant by the PDA on their own.
(b) if the claimant has already received LTA in the past in respect of the deceased to whom the benefit would have accrued. the LTA under the provisions of this letter should also be paid to such a claimant by the PDA on their own.
(c) If the Claimant is a person other’than the one mentioned at 7(a) & 7(b) above, payment of LTA shall be made to the legal heir/heirs as per extant Government orders on the subject.

8. Additional pension: The rate prescribed In these orders shall be the minimum guaranteed basics pension from 1.1.2006. Additional pension as applicable to the old aged pensioners/ family pensioners on attaining the relevant age (80 years and above) shall also be enhanced by the PDAs, where beneficial from 1.1.2006 or the date from which the pensioner attain the age of 80 years or more, whichever is later as per the extant orders on the subject.

9. All other terms and conditions shall remain unchanged.

10. This issues with the concurrence of Finance Division of this Ministry vide their ID No. 10(6)/2016/FIN/PEN dated 29.9.2016.

5 . Hindi version will follow.

Yours faithfully,
sd/-
(Manoj Sinha)
Under Secretary to the Government of India

Authority: http://www.desw.gov.in/