PENSION INFORMATION/ ORDERS n INSTRUCTIONS

Authorization of Pvt Ltd Banks for Disbursement of Pension to Defence Pensioner
In pursuance of Reserve Bank of India’s decision on the subject, the following private Sector Banks have been authorised for disbursement of disbursement of pension to Defence pensioners:-

(a) HDFC Bank Ltd
(b) UTI Bank Ltd
(c) IDBI Bank Ltd
(d) ICICI Bank Ltd
Exemption of Income Tax on iberalised Family Pension
A case was initiated by PS Dte for exemption of income tax on Liberalised Family Pension in the year 2002. After concerned efforts a Gazette Notification has been issued wef 09 Feb 2005 for exemption of Liberalised Family Pension from the income for purposes of exemption of income tax if death of the member of armed forces (including Para Military Forces) has occurred under following circumstances in the course of the military operation and duties.

(a) Acts if violence or kidnapping or attacks by terrorists or anti-social elements
(b) Action against extremists or anti-social elements
(c) Enemy action in international war
(d) Action during deployment with a peace keeping mission abroad
(e) Border skirmishes
(f) Laying or clearance of mines including enemy mines as also mine sweepingoperation
(g) Explosions of mines while laying operationally oriented mine-fields or lifting ornegotiation of mine-field laid by the enemy or own forces in operational areas nearinternational borders or the line of control
(h) In the aid of civil power in dealing with natural calamities and rescue operations
(j) In the aid of civil power in quelling agitation or riots or revolts by demonstrators
NRI Pension- Not to be Stopped on Change of Nationality
A large number of representations were being received from Ex-servicemen Association/ NRIs regarding stoppage of pension of Ex-Servicemen on their acquiring foreign nationality. However, in case of civil pensioners change in citizenship by any NRI pensioners did not affect their entitlement. A case was taken up with the office of PCDA(P), Allahabad and office of CGDA, New Delhi in 2003 for bringing the Armed Forces pensioner at par with civilian pensioners. Govt letter has been issued providing that even in the case of Armed Forces Pensioners the entitlement of pension will remain unaffected on the change of nationality and pension will continue to be paid by his/her pension disbursing agency. However, the pensioner should intimate the change of nationality as per the provision to the Pension Disbursing Agency as well as to the PCDA (Pension), Allahabad for updation of their records.

Two Family Pensions
The re-employed Army Personnel have been made eligible for two family pensions i.e. one from army and the other from civil side if re-employed in organizations covered under Employees Pension Scheme 1995 and Family Pension Scheme 1971.

Grant of Liberalised Family Pension to Widows Who Remarried Before 01 Jan 1996
The widows who remarried after 01 Jan 1996 were allowed to retain their Liberalised family Pension/Special Family Pension while widows who remarried before 01 Jan 1996 were left out. This has been creating great injustice to pre 1996 widows. A case was taken with MoD for extending these benefits to pre 1996 cases also. MoD has issued orders vide their letter No 1(1)/2001/D(Pen-C) dated 24 Jun 2005 granting Liberalised Family Pension benefits to pre-1996 cases wef 24 Jun 2005. This will greatly benefit the widows who remarried before 01 Jan 1996.

Exemption of TDS From Pension
Income Tax was hitherto deducted at source from family pensioners by the Pensions Disbursing Agency. Min of Fin (CBDT) has now clarified that family pension does not fall under the category of salary, therefore, no tax is liable to be deducted at source.

Ex-Gratia Award Disability Cadets (Direct)
Rates of Ex-Gratia disability award to disabled cadets have been revised from Rs 600/-p.m. to Rs 2100/-p.m. wef 01 Aug 97 issued vide Govt of India, Min of Def letter No 1(6)/99/D(Pen-C) dated 15 Sep 2003.

Pensionary Benefits to Nk And Hav Granted Assured Career Progression (ACP)
Govt letter has been issued vide No. B/39022/AG/PS-5(Policy)/29/A/D(Pen/Sers)/06 dated 10 Jan 2006 stating that pension in respect of JCOs/OR granted Assured Career Progression (ACP) upgradation, will be calculated based on the maximum of the pay scale granted under ACP upgradation including 50% of the highest classification allowance, if any, of the rank held and group in which paid subject to the condition that the upgraded pay scale should be held continuously for 10 months preceding their discharge from service.
Grant of Family Pension For Life to Handicapped Children of Armed Forces Personnel
Govt letter No. PC MF-Air HQ/24229/283/-FPHC/PP&R-3(i)/582/A/D(Pen/Sers) dated 29 Nov 2005 issued has made the following provisions :-

(a) Medical officer of rank of Brig/above shall be competent to render the certificate required
(b) Gaurdian shall be nominated by the pensioner instead of a court of Law. In case no such nominationhas been made by pensioner in his life time the nomination shall be made by spouse of the deceasedpersonnel
(c) The name of handicapped child shall be indicated in the PPO to be issued for grant of Service Pension/Family Pension.

Merger of Dearness Relief on Disability Pension
Orders were issued vide Govt of India letter No. 42/2/2004-P&PW(G) dated 15 Mar 2004 for merger of Dearness Relief equal to 50% of basic pension/family pension wef 01 Apr 2004. According to these orders Dearness relief equal to 50% was to be merged with basic pension and remaining of DR was to be calculated on (Basic pay + 50 merged DR). However no specific instruction were issued for merger of DR on disability element on pension. A case was taken up by PS Dte with the Govt who have now issued orders vide 1(62)/2004/D(Pen-C) dated 02 Dec 2005 for merger of 50% DA/DR on disability pension to Armed Forces personnel/pensioners wef 01 Apr 2004. The merger of 50% DR with basic pay shall apply to both disability element and service element simultaneously.

Modified Parity and Increase in Weightage JCOs/OR
On implementation of V CPC recommendations modified parity at the min of pay scales was granted to officers/JCOs/OR FOR Pre 1996 retirees. Since the modified parity at minimum scale was not beneficial for JCOs/OR, case was taken up PS Dte with the Govt to grant modified parity at maximum of pay scale for JCOs/OR. Govt has now granted modified parity to pre-1996 retirees JCOs/OR at max of pay scale in which they have retired subject to have served for minimum 10 months in that rank.
Case was also taken by the PS Dte with the Govt to increase the weightage being given to JCOs/OR as the JCOs/OR were only given 05 years weightage irrespective of rank held. Due to this anomaly no JCOs/OR could meet the requirement of 33 years of qualifying service to get full entitlement of pension for past as well as future JCOs/OR retirees will be as under subject to maximum qualifying service of 30 years details of which have been tabulated earlier.
The above benefit would be applicable to Service Pension including Invalid Pension, Service element of disability pension and War Injury pension. The orders are effective from 01 Jan 2006 and no arrears are to be given. The above orders have been issued vide Govt of India, Min of Def letter No 14(3)/2004-D (Pen-Sers)/Vol III dated 01 Feb 2006.

Implementation of the Govt Orders Regarding Abolition of the Institution of Military Adviser (Pension)
Release Medical board before retirement /discharge is held in case of any disability at the time of such retirement /discharge. An individual found unfit for continuation in service on medical ground is brought before an invaliding Medical Board prior to invalidment. Disability pension claims of LMC personnel of the Armed Forces are decided on the basis of findings of Invaliding Medical Board/Release Medical Board. The Medical advisors (Pension) from the office of DG AFMS attached to PCDA(P), Allahabad in respect of JCOs/OR and DDG AFMS(Pen)/JD AFMS(Pen) in respect of officers, were empowered to alter the recommendations of Medical Boards. In a number of cases the recommendation of Medical Boards were being altered to the disadvantage of the individuals concerned. Consequently, the aggrieved personnel were taking recourse to appeals and litigation for redressal.
Based on the judgments of the Supreme Court of India and cases up with the MoD by the DGAFMS, a Govt letter dated 01 Sep 05, abolishing the institution of MA(P) was issued. However, certain provisions in the Govt letter came in the way of implementation of the orders.
Most of the amendments suggested by PS Dte have been incorporated by the Min of Def in the corrigendum No 1(2)/2002/D(Pen-c) dated 31 May 2006. Detailed letter to the environment incorporating the provision of the Govt letters / Corrigendum and laying down the procedure for adjudication of claims for disability pension/ special family pension has been issued by the Dte vide letter No B/40122/MA(P)/AG/PS-5 dated 20 Jul 06.

Eligibility of Unmarried Daughters of Armed Forces Personnel for Grant of Family Pension beyond 25 years of age
The Ministry of Defence vide their letter No. 1(3)2007/-D(Pen/Policy) dated 25 Oct 2007 have issued instructions regarding grant of family pension to unmarried daughters beyond the age of 25 years at par with widowed/divorced daughters subject to their income from all sources not exceeding Rs. 2550/-pm.

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Central Government Pension and Family Pension-Uncommon Areas

These are certain uncommon areas in Central Government Pension and Family Pension Matters.

Child adopted even after retirement is entitled to get family pension

Q A retired employee due to demise of his wife and son legally adopted one of his grand sons after his retirement. He submitted the adoption deed to the Pension Sanctioning Authority with the request to add the name of his legally adopted son in the list of his family members so that he could receive family pension in case of his death. Whether the same is permissible as per law.

Also kindly clarify as to whether the children of post-retiral spouse born to the retired employee are eligible for family pension.

A The stipulation that adoption should be “before retirement” has been deleted vride Notification No.1(66) P & PW/89-E, dated 18-1-1993. Hence as per Rule 54 (14)(b)(ii) of CCS (Pension) Rules, 1972, son/daughter legally adopted after retirement and children of post-retiral spouse are eligible for the grant of family pension vide Rule 54 (14) of CCS(Pension) Rules and GIDs (18) to (20) thereunder in Swamy’s Pension Compilation.

No family pension to the parents, if the deceased employee had left behind a widow or a child.

Q Consequent of demise of one employee family pension to his widow was sanctioned. Later on, the widow of the deceased has got re-married with other person. As the widow of the deceased has no children, family pension was stopped from the date of re-marriage. Whether the mother/father of the deceased is entitled to family pension.

A As per Para 7.2 of the OM, dated 27-10-1997, parents are eligible for Family Pension only if the deceased employee had left behind neither a widow nor a child. Hence, in the case referred to by you, the parents are not entitled to Family Pension.

Pension cannot be stopped, even though pensioner acquires foreign citizenship

Q A retired Central Govt. Employee who is in receipt of pension emigrated to Canada with Non-Resident Indian status. He was getting his pension continuously when he was a NRI. But now he opts to take the citizenship of that country and as such it may be clarified whether he may continue to get his monthly pension as usual or will it be stopped after his acquiring citizenship of a foreign country.

A There is no provision in the Rules, viz., CCS(Pension) Rules, Central Treasury Rules for the stoppage of pension drawn by a Govt. pensioner on his acquiring the citizenship of a foreign country. As such the retireed employee will continue to get his monthly pension as usual even after his getting foreign citizenship.

Fresh application not required for payment of arrears of commutation due to revision of pension.

Q An employee after his reirement got all the retirement benefits including 1/3rd commuted value of pension. Subsequently he expired. After his demise pay commission recommendation was implemented and his pay was retrospectively revised. His wife who is a family pensioner received the arrears of pay, pension, gratuity, etc. But the arrears of the additional commuted value of pension which has become due based on the quantum of 1/3rd revised pension was not paid to her on the grounds that the concerned employee need to apply afresh for such payment. Since the employee had applied for 1/3rd commutation of pension while he was alive whether his origianl application would cover any revision which may become due subsequent to his death

A As per Rule 10 of CCS(Commutation of Pension) Rules, 1981, the said family pensioner is entitled to the difference between the commutation amount received by her husband for the original pension and the commutation amount admissible on the revised increased pension. For this purpose, no fresh application is necessary.

Courtesy: http://www.gconnect.in

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