Friday, May 15, 2009

16(6)/2008/(1)/D(Pension/Policy) dated 04 May 09 and 16(6)/2008/(2)/D(Pension/Policy) dated 05 May 09

GOI MOD Letters 16(6)/2008/(1)/D(Pension/Policy) dated 04 May 09 and 16(6)/2008/(2)/D(Pension/Policy) dated 05 May 09
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Ref (v): Authority- GOI MOD letter No 16(6)/2008 (1))/
D(Pension/Policy) dated 04th May 2009
Sub: Implementation of the Govt decision on the recommendations of the Sixth Central Pay Commission-Rationalisation of Casualty Pensionary Awards for the Armed Forces Officers and Personnel Below Officer Rank (PBOR) retired/ discharged/died/invalided out from service prior to 01.01.2006
Sir,
1. I am directed to refer this Ministry’s letter No 17(4)/ 2008 (1)/ D(Pen/ Policy) dated 11.11.2008 implementing Government decisions on the recommendations of the Sixth Central Pay Commission. Sanction of the President is hereby accorded to the modification of rates of disability/ war injury/special/ liberalized family pensionary awards for the Armed Forces Officers and Personnel Below Officers Rank (PBOR) retired/discharged/died/ invalided out from service prior to 01.01.2006 as under:-
2. Disability/ Liberalised Disability/ War Injury Pension.
2.1 Service Element of Disbility/ Liberalised Disability/ War Injury Pension. Revised service element of Disability/ Liberalised Disability/ War Injury Pension shall continue to be paid in terms of para 4.1 and para 5 of this Ministry’s letter no 17(4)/ 2008(1)/ D( Pen/Policy) dated 11.11.2008.
2.2 Disability/ Element of Disability/ Liberalised Disability Pension. The revised rates of disability element for 100% disability on account of invalidment/ retirement/ discharge are given below. Where the disability of a pensioner is less than 100 %, the amount shall be proportionately reduced as per the degree of disability accepted and for the period notified in the PPO.
Rank
Amount p.m.
i) Commissioned Officers and Honorary Commissioned Officers of the three Services, MNS,TA and DSC
Rs. 5,880/-
ii) Junior Commissioned Officers and equivalent ranks of the three Services, TA and DSC
Rs. 4,300/-
iii) Other ranks of the three Services, TA and DSC
Rs. 3,510/-
Note: Where only disability element is drawn in isolation, the above rates will not be applicable and such cases will be regulated in terms of para 9. 1 of this Ministry’s letter dated 11.11.2008.
2.3 War Injury Element of War Injury Pension. In case of Armed Forces pensioners who were invalided out/ retired/ discharged from service prior to 1.1.2006 and are in receipt of War Injury element of War Injury Pension as on
1-1-2006, the revised rates of War Injury element for 100% disability are as given below. Where the disability of a pensioner is less than 100%, the amount shall be proportionally reduced as per the degree of disability accepted and for the period notified in PPO. Where the War Injury element revised in terms of para 9 read with para 4.1 of this Ministry’s letter dated 11.11.2008, is higher than the amount of War Injury element calculated as above, the same (higher consolidated amount) will be treated as revised War Injury element with effect from 1.1.2006.
Rank
Amount p.m.
i) Commissioned Officers and Honorary Commissioned Officers of the three Services, MNS, TA and DSC
Rs. 11,760/-
ii) Junior Commissioned Officers and equivalent ranks of the three Services, TA and DSC
Rs. 8,600/-
iii) Other ranks of the three Services, TA and DSC
Rs. 7,020/-
3. Constant Attendance Allowance. With effect from 1.1.2006 Constant Attendance Allowance, where payable, shall continue to be admissible under the conditions as hitherto fore at a uniform rate of Rs. 3,000/-pm, irrespective of the rank. Further this rate to be increased by 25% every time the dearness allowance payable on revised Pay Band goes up by 50%.
4. Special / Liberalised Family Pension / Dependent Pension (special) / Dependent Pension (liberalised).

4.1 Families in receipt of Special Family Pension, Liberalised Family Pension, Dependent Pension (special), Dependent Pension (liberalised)/ 2nd life award (in respect of PBOR including NCs(E)), shall draw revised family pension with effect from 1.1.2006 in terms of para 4.1 of this Ministry’s letter dated 11.11.08.
4.2 The amount of revised consolidated special family pension, granted to the families of Armed Forces personnel under the circumstances prescribed under category ‘B’ & ‘C’ of para 4.1 of this Ministry’s letter dated 31.1.2001, will be subject to a minimum of Rs. 7,000/- per month.
4.3 The amount of revised consolidated liberalized family pension, granted to the child/ children of Armed Force personnel under the circumstances prescribed under category ‘D’ & ‘E’ of para 4.1 of this Ministry’s letter dated 31.1.2001, will be subject to a minimum of Rs. 7,000/- per month.
5. Dearness Relief. Dearness Relief shall be admissible only beyond average AICPI 536 (Base year 1982 = 100) on the revised pattern introduced vide Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners’ Welfare Office Memorandum No. 42/2/2008-P&PW (G) dated 12.9.2008 on various types of pension/ family pension admissible under the provisions of this letter.
6. All Pension Disbursing Agencies (PDAs) handling disbursement of pension to the Defence pensioners are hereby authorised to pay revised disability/ liberalized disability/ war injury pension/ special/ liberalized family pension to the existing pensioners under these orders without any further authorization from the concerned Pension Sanctioning Authorities. However, PCDA (Pensions) Allahabad will issue further suitable implementation instructions while circulating these orders to all the PDAs concerned. Action as prescribed in para 16.4 of this Ministry’s letter dated 11.11.2008 may also be taken by the PDAs in the cases covered under these orders.
7. This issues with concurrence of the Finance Division of this Ministry vide their UO No.1527/09/D(Fin/Pen) dated 27.4.2009.
Yours faithfully
Sd/-
( Harbans Singh)
Director (Pen/Policy)
Ref (v): Authority- GOI MOD letter No 16(6)/2008 (2)) / D(Pension/
Policy) dated 05th May 2009.
Sub: Implementation of the Govt decision on the recommendations
Of the Sixth Central Pay Commission –Revision of provisions
regulating Pensionary Awards relating to Disability Pension/
War Injury Pension/ Special Family Pension/ Liberalized
Family Pension/ Dependent Pension(special)/ Dependent
Pension(liberalized/ Special Invalid Pension for the Armed
Forces Officers and Personnel Below Officers Rank (PBOR)
retiring/discharged / invalided out from service or dying in
harness on or after 01.01. 2006 .
Sir ,
The undersigned is directed to state that in pursuance of Government decisions on the recommendations of the Sixth Central Pay Commision, sanction of the President is hereby accorded to the notification, to the extent specified in this letter, in the rules/ regulations concerning above mentioned pensionary benefits of the Commissioned Officers(including MNS, Territorial Army Officers, Emergency Commissioned Officers, Short Service Commissioned Officers) and Personnel Below Officers Rank (PBOR) of the three services including NCs (E) of Air Force, Defence Security Corps and the Territorial Army (hereinafter collectively referred to as Armed Forces personnel).
The provisions of the pension regulations for the three Services and
various Service instructions/ Government orders, which are not affected by the provisions of this letter, will remain unchanged.
Date of Effect.
2.1 The provisions of this letter shall apply to the Armed Forces personnel who were in service on 1.1.2006 or joined / join service thereafter unless otherwise specified in this letter.
2.2 Where pension has already been sanctioned provisionally or otherwise in cases occurring on or after 1.1.2006, the same would be revised in terms of these orders. In cases where pension has been finally sanctioned under the pre- revised orders and if it happens to be more beneficial than the pension becoming due under these orders, the pension already sanctioned shall not be revised to the disadvantage of the pensioner.
Definitions.
Reckonable Emoluments.
3.1 Unless otherwise specified in this letter, the term ‘Reckonable Emoluments’ shall mean:
For Officers. Pay means pay in pay band, grade pay , military
service pay and non-practicising allowance where applicable, last drawn by the officer(ref SAI 2/S/08, SNI 2/S/08 and SAFI 2/S/08).
For Personnel Below Officers Rank (PBOR). Pay means pay in pay band, grade pay, military service pay, ‘X’ Group pay where applicable and Classification allowance, if any, last drawn by the individual. ( ref SAI 1/S/08, SNI 1/S/08 and SAFI 1/S/08).
3.2 In the case of individuals who opt/ opted to continue to draw pay in the pre-revised scales beyond 31.12.2005 and remain/ remained in that scale till retirement /discharge/ invalidment/ death in harness, pension/ family pension and retirement/ death gratuity shall be regulated in terms of para 3.4 of Ministry of Defence letter no 17(4)/2008 (2)/D (Pen/Policy) dt 12.11.2008.
4. War Injury Pension/ Liberalised Family Pension shall also be admissible to such Armed Forces personnel who die or are invalided out of service on sustaining injury during trials of indigenously developed weapon system and ammunition.
5. Special/ Invalid Pension
5.1 Special Pension to PBOR. The minimum service required for grant of special pension shall continue to be 10 years in the case of Combatants and 15 years in the case of NCs (E). Where the service is less than 10 years in the case of Combatants and less than 15 years in the case of NCs (E), special gratuity will continue to be admissible.
5.2 Invalid Pension. The minimum service required for grant of Invalid pension will continue to be 10 years and shall be computed as per para 6 of this Ministry’s letter dated 12.11.2008. Where service is less than 10 years, invalid gratuity will be admissible.
6. Disability/ War Injury/ Liberalised Disabilty Pension on Inavalidment.
6.1 As hithertofore, disability/ war injury/ liberalised disability pension in invalidment cases will consist of service element and disability/ war injury element and shall continue to be admissible under the provisions laid down in para 7, 10 and 12 of this Ministry’s letter no 1(2)/97/D (Pen-C) dated 31.1.2001 respectively, subject to the amount to be arrived at in the manner and at the rates specified in the succeeding paras.
6.2 Service Element of Disability/Liberalised Disability/War Injury Pension. The amount vof service element shall be equal to retiring/ service pension determined as per para 6 of this Ministry’s letter no 17(4)/ 2008 (2)/ D(Pen/Policy) dated12.11.2008 subject to minimum of Rs 3,500/- per month. There shall be no condition of minimum qualifying service having been actually rendered for earning this element, if otherwise admissible.
6.3 Disability Element of Disability Pension/ Liberalized Disability Pension. The rates of disability element for 100% disability for various ranks shall be 30% of emoluments last drawn subject to minimum of Rs 3,100/- per month for 100% disability, For disability less than 100%, it shall be reduced proportionately. In cases of disability pension where permanent disability is not less than 60% the disability pension (i.e. total of service elements plus disability element) shall not be less than 60% of the reckonable emoluments last drawn subject to a minimum of Rs 7,000/- per month.
6.4 War Injury Element of War Injury Pension. 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.
6.5 The provisions of para 7.2 of this Ministry’s letter no. 1(2)/97/D (Pen-C) dated 31.1.2001 for reckoning of disability or functional incapacity shall continue for the purpose of computing disability element/ war injury element.
7. Disability/ War Injury Element/ Liberalised Disability Element on Retirement/ Discharge.
7.1 Disability element/ war injury element/ liberalised disability element on retirement/ discharge from service shall continue to be regulated under the provisions of para 8, 11 and 12 respectively of this Ministry’s letter no. 1(2)/ 97/ D(Pen-C) dated 31.1.2001 at the rates given below:
(a) Disability element/ liberalised disability element shall be admissible at the rate mentioned in para 6.3 above; and
(b) War injury element shall be admissible @ 60% of reckonable
emoluments last drawn subject to minimum of Rs.6,200/-per month for
100% disability. For disability of less than 100%, the war injury element
shall be proportionately reduced.
7.2 Retiring/ Service pension or retiring/ service gratuity, as admissible, will be paid in addition to disability element/ war injury element from the date of retirement/ discharge.
7.3 The aggregate of service element and liberalized disability element shall not be less than 80% of the reckonable emoluments last drawn.
7.4 However, in no case the aggregate of service element and war injury element should exceed emoluments last drawn.
8. Constant Attendance Allowance. Constant Attendance Allowance shall continue to be admissible under the conditions as hithertofore. However, it shall be admissible at a uniform rate of Rs.3,000/- per month, irrespective of the rank. Further this rate be increased by 25% every time the dearness allowance payable on revised pay band goes up by 50%.
9. Special/ Liberalised Family Pension/ Dependent Pension (special)/ Dependent Pension (liberalised).
9.1 Special family pension, liberalised family pension, dependent pension (special),dependent pension (liberalized)/ 2nd life award (in respect of PBORs including NCs(E)), shall continue to be regulated at the rates and under the conditions laid down in this Ministry’s letter no. 1(2)/ 97/ D(Pen-C) dated 31.01.2001 subject to the reckonable emoluments as defined under para 3 of this Ministry’s letter no. 17(4)/ 2008(2)/ D(Pen/Policy) dated 12.11.2008.
9.2 The amount of special family pension admissible to the families of Armed Forces personnel under the circumstances prescribed under category ‘B’ & ‘C’ of para 4.1 of this Ministry’s letter dated 31.1.2001, will be subject to a minimum of Rs. 7,000/- per month.
9.3 The amount of liberalized family pension, admissible to the child/ children of Armed Forces personnel under the circumstances prescribed under category ‘D’ & ‘E’ of para 4.1 and 6.2 of this Ministry’s letter dated 31.1.2001, will be subject to a minimum of Rs. 7,000/- per month.
GENERAL
10. Rounding off of Pensionary Awards. The amount of various pensionary awards admissible as per this letter shall be rounded off to the next higher rupee by Pension Sanctioning Authorities (PSAs).
11. Minimum/ Maximum Pension. If the amount of any monthly pension (excluding Constant Attendance Allowance) admissible under the provisions of this letter works out to less than Rs. 3,500/- pm, it shall be stepped up to
Rs. 3,500/- pm and authorised for payment at this rate. Disability element shall not be taken into account for the purpose of stepping up of service element to the minimum level of Rs. 3,500/- pm. There will be no maximum ceiling on the amount of pension determined under these orders.
12. Dearness Relief. Dearness Relief shall be admissible only beyond average AICPI 536 (Base year 1982 = 100) on the revised pattern introduced vide Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners’ Welfare Office Memorandum no. 42/ 2/ 2008-P&PW(G) dated 12.09.2008 on various types of pension/ family pension admissible under the provisions of this letter.
13. Procedure for sanction of Revised Pension in respect of those already retired. The procedure for revision of pensionary awards as per provisions of this letter, in respect of Armed Forces personnel who have already retired/ discharged/ invalided out/ died on or after 1.1.2006 and in whose cases pensionary benefits at pre-revised rates have already been notified, the record offices concerned in case of PBORs and CDA(O), Pune/ Naval Pay Office, Mumbai/ AFCAO, New Delhi, as the case may be , in respect of Commissioned Officers, will initiate and forward revised LPC-cum-data sheet as prescribed by PCDA(Pensions), Allahabad to their respective Pension Sanctioning Authorities (PSAs) for issue of corrigendum PPOs notifying the revised pensionary awards. Further implementation instruction to all concerned will be issued by PCDA (Pensions), Allahabad immediately on receipt of these orders.
14. Relevant provisions of the Pension Regulations for the three Services will be amended in due course.
15. This issue with the concurrence of the Finance Division of this Ministry vide their UO No. 1527/ 09/ D(Fin/Pen) dated 27.4.2009.
Yours faithfully
-Sd/-
(Harbans Singh)
Director(Pen/Policy)

4 comments:

bsk said...

Pre 2006 disabled retirees of Armed Forces have been cheated by the baboos.6CPC Recommendation,approved by the Cabinet/GOI,was to revise rates of Disability Pension for AF's personal from FIXED Slab to PERCENTAGE basis of 30% of pay.It was done to bring it at par with what the Civilians were getting all along & thus remove injustice being done to armed forces disabled for so many yrs.But the cunning baboos implementing this recommendation have revised the rates to % basis for Post2006 retirees but retained fixed slab rate for Pre 2006,deliberatly creating another anomaly against the Armed Forces.Therefore while ALL catogories of Civilians of ALL VINTAGE (pre & post 2006) have been & are getting Disability pension on percentage basis @ 30% of pay,discrimination has been made against the ArmedForces only by not giving %age based DP to Pre 2006 disabled retirees.Very cleverly rates for Post 2006 retirees have been revised to %age basis to prevent anticipated massive reaction

suhana safar said...

what has happened to the much awaited decision regarding grant of 70% pension of the last reckonable emoluments to PBOR retired after 01-01-2006 as the formula for calculation of the pension was revised on the grounds of lateral transfer of the PBOR to para-military forces. I think time has come to grant adhoc relief to the retired PBOR till such decision is arrived at by the ministry of finance/defence.

suhana safar said...

The Govt has battered PBOR on the present pension rules as under :-
a} changing the pension formula from highest pay scale to last drawn emoluments.
b) changing the table for calculation of commutation of pension ie Purchase Value.
c) annexing weightage for calculation of gratuity.
d) not arranging lateral transfer of PBOR to para military forces.

joshsuhanasafar said...

I have posted many comments to remind the Govt to decide earliest the important demand of 70% of last reckonable emoluments to PBOR retired after 01.1.06 as PENSION. However, it seems our demand has not yet been taken seriously. Further, the PBOR were required to be given lateral entry to Para Military Forces after retirement to compensate them for the NEW PENSION FORMULA which the 6th pay commision has derived recently. This is also not being done. We sincerely hope for some fruitful results soon. IT MAY BE SEEN THAT THE PRE-01.01.2006 PBOR ARE GETTING BETTER PENSION THAN POST-01.01.2006 RETIREES. THIS HAS HAPPENED FIRST TIME IN THE HISTORY OF INDIAN ARMY. THE EFFICIENCY OF THE GOVT CAN BE CLEARLY SEEN, ESPECIALLY WHEN THE FORMER FINANCE MINISTER IS TODAYS PRIME MINISTER. HE SHOULD HAVE TAKEN IMPORTANT DECISIONS LIKE PENSION OF PBOR AFTER DUE CARE. SORRY TO NARRATE INEFFICIENCY OF THE PRIME MINISTER OF INDIA.