SPECIAL BENEFITS IN CASES OF DEATH AND DISABILITY IN SERVICE - PAYMENT OF DISABILITY PENSION / FAMILY PENSION - RELAXATION OF QUALIFYING SERVICE-


No. 33/5/2009-P&PW (F)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioner's Welfare
3rd Floor, Lok Nayak Bhavan,

Khan Market, New Delhi-II 0003
Dated the 10th December, 2010

OFFICE MEMORANDUM

Subject: Special benefits in cases of death and disability in service - payment of disability pension/family pension - relaxation of qualifying service-

The undersigned is directed to say that the scales of disability pension admissible
under CCS (EOP) Rules were laid down in para 3 of Department of Pension & Pensioners'Welfare's O.M. No.45/22/97-P&PW(C) dated 3.2.2000. The said O.M. dated 3.2.2000was modified vide Department of Pension & Pensioners' Welfare's O.M. No.45/3/2008-P&PW (F) dated 18-11-2008.

2. The service element of the disability pension under Categories 'B' and 'C' of this
Departments' O.M. No.45/22/97-P&PW(C) dated 3.2.2000 is regulated by the CCS
(Pension) Rules, 1972 and CCS (EOP) Rules, according to which only service gratuity is admissible to Government servants with less than 10 years qualifying service and pension is admissible for qualifying service of 10 years or more. The matter has been reviewed by the Government considering the hardships being faced by the disabled Govt. servants who have less than 10 years qualifying service at the time of discharge and it has been decided that the disability pension of Govt. servants who are discharged from Govt. service will be regulated as under:

Disability Pension - for cases covered under categories 'B' and 'C'

(1) Disability pension comprising a service element equal to the retiring pension(@50% of the emoluments or average emoluments received during the last 10months, whichever is more beneficial to the Government servant) and gratuity admissible under the CCS(Pension) Rules, 1972, plus disability element equal to 30% of basic pay, for 100% disability. There shall be no condition of minimum qualifying service for earning service element. No service gratuity would be admissible. The condition of minimum of qualifying service of 5years for payment of gratuity would continue to be admissible/applicable in accordance with Rule 50 of CCS (Pension) Rules, 1972.

(2) For disability less than 100%, disability element of disability pension 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 element plus disability element) shall not be less than 60% of the reckonable emoluments last drawn subject to a minimum of Rs. 7000/- per month.

Disability pension - For cases covered under Category 'D'

(I) Disability pension comprising a service element equal to the retiring pension(@50% of the emoluments or average emoluments received during the last 10months, whichever is more beneficial to the Govt. servant) and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal in amount to normal family pension subject to the condition that the aggregate of the service and disability element shall not be less than 80% of the pay last drawn, for 100%disability. There shall be no condition of minimum qualifying service for earning service element. No service gratuity would be admissible.

(2)For lower percentage of disability, the disability element shall be proportionately lower as at present subject to the broad banding of percentage of disability as in OM dated 3/2/2000.

Disability pension - For cases covered under Category 'E'

(1) Disability pension comprising a service element equal to the retiring pension(@50% of the emoluments or average emoluments received during the last 10months, whichever is more beneficial to the Govt. servant) and gratuity to which the employee would have been entitled to on the basis of his pay on the date of invalidation but counting service up to the date on which he would have retired in the normal course and disability element equal to pay last drawn. There shall be no condition of minimum qualifying service for earning service elements. No service gratuity would be admissible.

The condition that the aggregate of the service and disability elements shall not exceed the pay last drawn for 100% disability - stands withdrawn w.e.f.1.7.2009.

(2) For lower percentage of disability, the disability element shall be proportionately lower as at present subject to the broad banding of percentage of disability as in OM dated 3.2.2000.

3. Other terms and conditions in the CCS (EOP) Rules and Liberalized Pensionary
Awards Scheme which are not specifically modified by these orders shall continue to
remain operative.

4. These orders will be effective from 01.01.2006.
5. This issues with the concurrence of the Ministry of Finance, Department of
Expenditure vide their U.O. NO.515/EV/201 0 dated 26.10.2010.

6. In so far as persons belonging to the Indian Audit & Accounts Department, these
orders issue after consultation with the Comptroller & Auditor General of India.
Sd/-
(Tripti P Ghosh)
Director
T .No.24624802
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Saturday 11 December 2010


SUB: FIXATION OF PAY OF RE-EMPLOYED PENSIONERS-TREATMENT OF MILITARY SERVICE PAY.

D.G. Posts No. 4-17/2010-PENSION Dated 06.12.2010.

I am directed to forward herewith a copy of Ministry of Personnel, Public Grievances and Pensions (Department of Pension and Pensioner's Welfare) O.M. No. 3/19/2009-Estt. Pay II dated 8.11.2010 regarding the above mentioned subject received from Department of Pension and Pensioner's Welfare, New Delhi for information guidance and necessary action.

This issues with the approval of DDG (Estt.).
Sd/-xxx
(P.P. Chawla)
Section Officer (Pension)

COPY OF MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PENSION AND PENSIONER'S WELFARE) O.M. NO. 3/19/2009-ESTT. PAY II DATED 8.11.2010.

SUB: FIXATION OF PAY OF RE-EMPLOYED PENSIONERS-TREATMENT OF MILITARY SERVICE PAY.

The undersigned is directed to refer to the orders issued vide O.M. dated 5.4.2010 on fixation of pay of re-employed pensioners. These orders inter-alia lay down that on re-employment in civilian organizations, Military Service Pay shall not be admissible. However, the benefit of MSP given to all retired Defence Forces officers/personnel by reckoning it at the time of calculation of their pension (notionally in the case of pre-1.1.2006 pensioners) should not be withdrawn. Accordingly while the pension of such re-employed pensioners will include the element of MSP, they will not be granted MSP while working in civilian organizations.

In the instructions issued by the Ministry of Defence vide their letter No. 1/69/2008/D (Pay/Service) dated 24th July 2009, Pre-retirement pay has been defined as under:

(i) In respect of re-employment taking place on/or 1.1.2006 pre-retirement pay for those who retired after 1.1.2006 means the pay in the pay band plus grade pay but inclusive of Non-Practicing Allowance(NPA) if any, last drawn before retirement.
(ii) In case of officers who retired before1.1.2006 and also those who retired after 1.1.2006 in the pre-revised pay scales without opting for the revised pay scales promulgated on or after 1.1.2006 the pay will be basic pay including stagnating increment and Rank pay plus the Dearness pay and Dearness allowance drawn at the time of retirement.

As per these orders, for pre-2006 retirees rank pay is included as a part of pay but for post-2006 retirees, the MSP is not reckoned in the pre-retirement pay for the purposes of pay fixation on re-employment. However, for pension purposes the reckonable emoluments are- basic pay + grade pay + MSP + NPA wherever admissible. Therefore, while MSP is not taken into consideration for the purpose of pay fixation on re-employment, the element of MSP in pension is deducted.

It has been decided in consultation with the Department of Expenditure, that since the element of MSP is not reckoned in the pay fixation on re-employment, it need not be reduced from the pension either. Hence, in respect of all those Defence Officers/personnel, whose pension contains an element of MSP that need not be deducted from the pay fixed on re-employment.
Sd/-
(Mukesh Chaturvedi)
Deputy Secretary

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