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7th Pay Commission Pension revision for Armed Forces Pensioner absorbed in PSU – PCDA Circular
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPADI GHAT, ALLAHABAD- 211014
No. G–1/M/01/ICO’s/ 7th CPC/ Vol.II/2017
The PCDA (O)
Subject:Implementation of the Government decision on the recommendations of the Seventh Central Pay Commission in respect of Commissioned Officers, Retiring or dying in harness on or after 1.1.2016 (Post-2016).
Reference: GoI, MoD letter No.17(02)/2016-D(Pen/Pol) dated : 04.09.2017.
Consequent upon issue of GoI, MoD letter No. 17(02)/2016-D(Pen/Pol) dated 04.09.2017 (Annexure A), pensionary awards of Commissioned Officers (including MNS and Territorial officers) of three Services who retired/ discharged/ released/ invalided out or died in harness on or after 01.01.2016 are to be sanctioned under orders contained therein.
2. It is therefore, requested to initiate claim/revision claim as detailed below along with the enclosed LPC-cum-Data Sheet for initial/revised pension claims, as the case may be, so that initial PPO/Corrigendum PPO may be issued in affected cases by this Office:-
(a) Initial Claims for Retiring Pension, Invalid Pension, Service Element as well as Disability Element of Disability/ Liberalised Disability/ War Injury Pension:
Initial Claims for Retiring Pension, Invalid Pension, Service element as well as Disability Element of Disability/ Liberalised Disability/War Injury Pension in respect of Commissioned officers of Indian Army who retired/discharged/released/invalided out on or after 01.01.2016 and who are in receipt of pay & allowance under respective Army Officers Pay Rules 2017 shall be preferred in usual manner on revised LPCCum-Data Sheet No. PHP-G1M-01/2017(7th CPC) as per specimen enclosed (Annexure B) and submitted as usual along with data in electronic form. The instructions for the filling up LPC cum Data Sheet are enclosed as Annexure E.
(b) Claim for revision of retiring pension – commissioned officers, retired/discharged on or after 01.01.2016.
Data Sheet PHP-G1M-03/2017(7th CPC) (Enclosed as Annexure C) will be used for revision of pensionary awards as per 7th CPC in those cases where Pension has already been notified as per 6th CPC . This data sheet will be used only once for revision of Pensionary awards already notified from 01.01.2006 to 30.09.2017, thereafter, any amendment/ revision will be done through Data Sheet (Rev) PHP-G1M-02/2017(7thCPC) (Enclosed as Annexure D) for corrigendum of pensionary awards.
(c) Claim For Corrigendum of Pensionary Awards (PHP-G1M-02/2017(7th CPC)) :
Data Sheet (Rev) PHP-G1M-02/2017(7th CPC) (Enclosed as Annexure D) for corrigendum of pensionary awards in respect of commissioned officers will be used for amendment /revision of 7th CPC pensionary awards i.e. pensionary awards already notified as per VI CPC and subsequently revised as per 7th CPC through data sheet “PHP-G1M-03/2017(7thCPC) .
NOTE :- Old Data sheet (Rev) for corrigendum of pensionary awards will continue to be used for revision/amendments of pensionary awards of officers retired/discharged/invalided out prior to 01.01.2016.
3.COMMUTATION OF ADDITIONAL PENSION IN REVISION CASE:
Pensioners who have retired between 1.1.2016 and date of issue of orders for revised pay/ pension based on the recommendations of the 7th CPC, shall have an option, in relaxation of provisions of relevant Pension Regulations, not to commute the pension which has become additionally commutable on retrospective revision of pay / pension on implementation of recommendations of the 7th CPC. Option form is enclosed as Appendix ‘A ‘ to be used for this purpose.
Option for commutation of additionally commutable amount will required to be submitted within 4 months from the issue of the Govt. letter by the Armed Forces officers. Option exercised after expiry of 4 months from the issue of the Govt. letter will not be entertained. The claim submitted without exercising said option or if no option for commutation of additionally commutable amount of pension is received within stipulated time period as mentioned above, it will be presumed that pensioner is not willing to commute additionally commutable amount.
4. DISABILITY PENSION/WAR INJURY PENSION
4.1 There shall be no change in existing provisions regulating the Disability Pension/War Injury Pension under casualty pensionary award so.
4.2 The amount of all kind of pension shall be subject to a minimum of Rs. 9,000/-
The maximum amount of normal rate, enhanced rate of ordinary family pension and retiring pension shall be 30%, 50% and 50% respectively, of the highest pay in the Government which is Rs. 2,50,000/- with effect from 1.1.2016. The maximum ceiling is, however, not applicable in the cases of Disability Pension/War Injury Pension etc., applicable under casualty pensionary awards.
5. Ex-GRATIA LUMP SUM COMPENSATION IN CASES OF INVALIDMENT :
Ex-gratin lump sum compensation to Defence Service Personnel who are boarded out of service on account of disability/ war injury attributable to or aggravated by military service, shall be paid @ Rs. 20 lakh for 100% disability subject to provisions as stipulated in MoD letter No. 2(2)/2011/D(Pen/Policy) dated 26.12.2011. For disability/ war injury less than 100% but not less than 20%, the amount of Ex-gratin compensation shall be proportionately reduced. No Ex-gratin compensation shall be payable for disability/war injury less than 20%. The proportionate compensation would be based on actual percentage of disability as certified by the Invaliding Medical Board, without applying broad banding provisions as contained in Para 7.2 of MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001.
6. DISABILITY/WAR INJURY ON DISCHARGE /INVALIDMENT:
6.1 BROAD-BANDING OF PERCENTAGE OF DISABILITY/WAR INJURY ON DISCHARGE:
In cases where Armed Forces personnel are discharged/retired on or after 1.1.2016 under the circumstances mentioned in Para 4.1 of MoD letter No. 1(2)/97/D (Pen-C) dated 31.1.2001 with disability including cases covered under MoD letter No. 16(5)/2008/D(Pen/Policy) dated 29.9.2009 and the disability/war injury has been accepted as 20% and more, the extent of disability or functional incapacity shall be determined in the manner prescribed in Para 7.2 of said letter dated 31.1.2001 for the purpose of computing disability/ war injury.
6.2 BROAD-BANDING OF PERCENTAGE OF DISABILITY/WAR INJURY ON INVALIDMENT:
Existing provisions for broad banding of invalidment cases of Disability and War Injury Pension shall remain unchanged.
6.3 Rates for calculation of disability where composite assessment is made due to existence of disability, as well as war injury, shall be determined in terms of provision contained in Para 3(b) of MoD letter No. 16(02)/2015-D(Pen/Pol) dated 08.08.2016.
6.4 CONSTANT ATTENDANT ALLOWANCE (CAA)
Constant Attendant Allowance shall continue to be admissible under the condition as hithertofore at the existing rate from 1.1.2016 to 30.06.2017. However, with effect from 01.07.2017 it shall be admissible at the uniform rate of Rs. 6750/- per month, irrespective of the rank.
7. All out efforts may be made to submit affected cases for revision of pension duly completed in all respect (along with option for commutation, if any) to avoid correspondence and back references.
8. The Software Programme for Data entry and validation check may be collected from EDP Centre of this Office.
9. Various Orders on the subject are available on the website of this Office www.pcdapension.nic.in.
10. As far as possible, all fresh claims for grant of retiring pension should be submitted only on revised LPC-cum Data Sheet. After 01.10.2017, no fresh cases for notification of Pension will be entertained on old LPC-cum Data Sheet. However, cases on the new LPC-cum-Data Sheet received before 01.10.2017 will also be accepted if revised pay details are available. It may please be ensured that Seal of LPC cum data sheet signing officer is affixed and name of all officials signing LPC cum data sheet are clearly and legibly mentioned.
No. G-1/M/01/ ICOs/7th CPC/Vol. II
Form of option for commutation of Additional Pension for those Commissioned officers who retired/discharged/ invalided out from Service on or after 01.01.2016 and whose PPOs have been issued at pre-revised pension rates
I, Personnel No. —————- Rank—————- Name——————- granted pension vide PPO No. —M/—————————- hereby give the following option for commutation of my revised pension becoming due to revision of my pay/pension.
1. I opt to commute the additional commutable amount, which become due on account of revision of my pay/pension.
2.* I do not opt to commute the additional commutable amount which become due on account of revision of my pay/pension
Name in full___________
(*)To be scored if not applicable.
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
Dated 4th September 2017
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Sub: Implementation of the Government decision on the recommendations of the Seventh Central Pay Commission – Revision of provisions regulating Pension/ Gratuity/ Commutation of Pension/ Family Pension including pensionary awards notified in terms of Casualty pensionary awards in respect of Commissioned Officers, Junior Commissioned Officers Other Ranks, Retiring or dying in harness on or after 1.1.2016.
The undersigned is directed to refer to the Government’s decisions on the recommendations of the Seventh Central Pay Commission notified vide Government of India, Ministry of Defence, Department of Ex-Servicemen Welfare Resolution bearing No 17(l)/2014/D(Pension/Policy) dated 30.9.2016, recommendations of National Anomaly Committee on methodology for calculation of disability element for Defence Forces and Ministry of Personnel, Public Grievances and Pension, Department of Pension” and Pensioners’ Welfare Office Memorandum No. 38/37/2016 – P&PW(A) (i) dated 4.8.2016 as modified vide OM F No 42/14/2016-P&PW(G) dated 24.10.2016. Sanction of the President is hereby accorded for modification in the rules regulating Pension, Family pension, Retirement/ Death/Service Gratuity, Commutation of pension, pensionary awards under casualty pensionary awards including Ex-gratia lump sum compensation in cases of invalidment etc., to the extent specified in this letter.
2. The provisions of the Pension Regulations, 2008 of Army and various Services Regulations, Instructions and Government Orders issued by this Ministry from time to time, which are not affected by the provisions of this letter, shall remain unchanged.
3. DATE OF EFFECT
3.1 The revised provisions of this letter shall apply to the Commissioned Officers (including MNS and Territorial Army Officers), Junior Commissioned Officers and Other Ranks of the three Services, Non-Combatants (Enrolled) in the Air Force, Defence Security Corps and the Territorial Army (hereinafter collectively referred to as Armed Forces Personnel) who retired/discharged! released/invalided out or died in harness on or after 1.1..2016. Separate orders have already been issued in respect of Armed Forces Personnel who retired/died before 1.1.2016.
3.2 Where Pension! Family Pension/ Death Gratuity/ Retirement Gratuity/ Commuted Value of Pension or pensionary awards under casualty pensionary awards has already been sanctioned provisionally, or otherwise, in cases of retirement/death occurring on or after 1.1.2016, the same shall 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 pensioner.
4. RECKONABLE EMOLUMENTS
4.1 The term ‘ Reckonable Emoluments’ for the purpose of calculating various-pensionary benefits other than various kinds of Gratuities, shall consist the following-
4.1.1 Commissioned Officers: Pay in the Pay Matrix, Military Service Pay and Non Practicing Allowance, if any, last drawn by the officer (Refer – Army Officer Pay Rules-2016, Air Force Officer Pay Rules-2017, Navy Officer Pay Regulations-2017 as may be the case)
4.1.2 Junior Commissioned Officers & Other Ranks: Pay in the Pay Matrix, Military Service Pay, and ‘X’ Group Pay & Classification Allowance, if any, last drawn by the JCOs/ORs ”(Refer – Army Pay Rules-2017, Air Force Pay Rules-2017, Navy Pay Regulations-2017 as may be the case).
4.2 For calculation of all kinds of gratuities, dearness allowance admissible on the date of retirement/discharge/invalided out/death, shall continue to be treated as part of emoluments along with the emoluments as defined in para 4.1 above.
4.3 SPECIAL PROVISIONS FOR THOSE WHO OPTED TO CONTINUE T.O DRAW PAY IN THE PRE-REVISED SCALE OF PAY
4.3.1 Those who have elected to continue to draw pay in the pre-revised scale of pay and have retired/ discharged/ invalided out of service on or after 1.1.2016, “their pension and gratuity, as applicable, shall be calculated under the rules in force immediately before coming into effect of these-orders”.
4.3.2 The term ‘Reckonable Emoluments‘ for the purpose of pensionary benefits under this Para 4.3.1 shall be the same as defined in para 3.1 of this Ministry’s letter No 17(4)/2008(2)/ D(Pen/Pol) dated 12.11.2008 and shall also include Dearness Allowance notified under Sixth CPC Pay structure.
4.3.3 Entitlement of gratuity shall be determined, under the order in force-immediately before coming into effect of these orders subject to the maximum ceiling as prescribed in Para 8 of this Ministry’s letter No. 17(4)/2008(2)/D (Pen/Pol) dated 12.11.2008.
4.3.4 Family Pension shall also be allowed in accordance with orders applicable prior to the issue of these orders.
4.4 In the case of Commissioned Officers and JCOs/ORs who have opted for the revised pay structure and have retired/discharged within 10 months from the date of coming over to the revised pay structure, the average emoluments for 10 months period preceding retirement/discharge will be calculated by taking into account pay as follows:-
|(a) For the period during which pay is drawn in the revised pay||Pay drawn in the prescribed Pay Matrix plus structure Military Service Pay, ‘X‘ Group pay and whole of Classification Allowance (where applicable in case of JCOs/ORs) and Non Practicing Allowance, if any.|
|(b) For the period during which pay was drawn in the pre-revised pay scales||Pay determined after applying multiplying factor of 2.57 to the sum of existing pay in the Pay Band, Grade Pay, Military Service Pay, ‘X‘ Group Pay (in case of JCOs/ORs) and NPA, if any, drawn during the relevant period plus whole of classification allowance, if an ,drawn by JCOs/OR.|
5. QUALIFYING SERVICE
5.1 The minimum period of qualifying service prescribed for earning various kind of pension and gratuity by Defence Forces personnel, shall continue as hithertofore. There shall also be no change in the provisions for determining reckonable qualifying service for calculating pension and gratuity.-
6.1 Subject to para 6.2, there shall be no change in the provisions regulating the amount of pensions including pension determined under casualty pensionary awards. However, the provisions for determining pension based on, notional maximum of pre-revised pay scale in respect of JCOs/OR, shall be discontinued.
6.2 The amount of pension shall be subject to a minimum of Rs 9,000/- and the maximum pension would be 50% of highest pay in the Government (the highest pay in the Government is Rs 2,50,000/- with effect from 1.1.2016). However, the maximum ceiling’shall be applicable only in the case of Service/Retiring Pension, Service element of Disability/ Liberalized disability/ War Injury Pension and Ordinary Family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalized Disability/ War injury element, being authorized under casualty pensionary awards.
6.3 The quantum of additional pension/family pension available to the old pensioners/family pensioners shall be continue to be as follows-
|Age of pensioner / family pensioner||Additional quantum of pension|
|From 80 years to less than 85 years||20% of revised basic pension/ family pension|
|From 85 years to less than 90 years||30% of revised basic pension /family pension|
|From 90 years to less than 95 years||40% of revised basic pension / family pension|
|From 95 years to less than 100 years||50% of revised basic pension / family pension|
|100 years or more||100% of revised basic pension/ family pension|
The Pension Sanctioning Authorities should ensure that the date of birth and the age of a pensioner! family pensioner, are invariably indicated in the Pension Payment Order to facilitate payment of additional pension by the Pension Disbursing Agencies as soon as it becomes due. Dearness relief shall also be admissible on the additional pension available to old pensioners/family pensioners.
Note: The additional pension payable to old pensioners/ family pensioners of 80 years of age and above shall also be applicable to old pensioners/ family pensioners of 80 years of age and above in receipt of War injury pension! Disability pension/ Liberalized family pension! Special family pension.
7.1 The maximum limit of all kinds of Gratuity is. Retiring/ Retirement /Service Invalid/ Special/ Terminal/ Death Gratuity shall be Rs. 20 lakhs. This ceiling on gratuity shall be increased by 25% whenever the Dearness Allowance rises by 50% of the basic pay.
7.2 DEATH GRATUITY
The rates for payment of death gratuity shall be as under:
|Length of qualifying service||Rate of Death Gratuity|
|Less than One year||2 times of monthly emoluments|
|One Year or more but less than 5 years||6 times of monthly emoluments|
|5 years or more but less than 11 years||12 times of monthly emoluments|
|11 years or more but less than 20 years||20 times of monthly emoluments|
|20 years or more||Half month’s emoluments for every six monthly period of qualifying service subject to a maximum of 33 times of emoluments.|
8.1 Subject to para 8.2, there shall be no change in the provisions regulating the amount of various kinds of family pensions including family pension determined under casualty pensionary awards and additional family pension applicable to old family pensioners.
8.2 . The amount of all kind of family pension shall be subject to a minimum of Rs 9,000/-. The maximum amount of normal rate and enhanced rate of ordinary family pension shall be 30% and 50% respectively of highest pay in the Government which is Rs 250,000/- with effect from 1.1.2016. The maximum ceiling is, however, not applicable in the cases of Special Family! Liberalized Family Pension etc., applicable under casualty pensionary awards.
8.3 The dependency criteria for the purpose of family pension shall continue to be the minimum family pension along with Dearness Relief thereon.
9. Ex-GRATIA LUMP SUM COMPENSATION IN CASES OF INVALIDMENT
9.1 – The Ex-gratia lump Sum compensation to Defence Service personnel who are boarded but of service on account of disability/ war injury attributable to or aggravated by military service, shall be paid @ Rs 20 lakh for 100% disability subject to provisions as stipulated in this Ministry’s letter No. 2(2)/2011/D(Pea/Pol) dated 26.12.2011. For disability/ war injury less than 100% but not less than 20%, the amount of Ex-gratia compensation shall be proportionately reduced. No Ex-gratia lump sum compensation shall be payable for disability/ war injury less than 20%. The proportionate compensation would be based on actual percentage of disability as certified by the Invaliding Medical-Board, without applying broad banding provisions as contained in Para 7.2 of this Ministry‘s letter No 1(2)!97/D(Pen-C) dated 31.01.2001.
10.BROAD-BANDING OF PERCENTAGE OF DISABILITY/WAR INJURY ON DISCHARGE
10.1 Where an Armed Forces personnel is discharged/retired under the circumstances mentioned in Para 4.1 of this Ministry’s letter No l(2)/97/D(Pen-C) dated 311.2001 with disability including cases covered under this Ministry’s letter “No 16(5)/2008/D(Pen/Policy) dated 29.9.2009 and the disability/ war injury has been accepted as 20% and more, the extent of disability or functional incapacity shall be determined in the manner prescribed in Para 7.2 of said letter dated 31.1.2001 for the purpose of computing disability/war injury.
10.2 Rates for calculation of disability where composite assessment is made due to existence of disability, as well as war injury, shall be determined in terms of provision contained in Para 3(b) of Ministry’s letter No. 16(02)/2015-D(Pen/Pol) dated 8th August 2016.
11. EX-GRATIA AWARDS TO CADET (DIRECT)
11.1 In cases of disablement ! death, following Ex-gratia award shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training.
11.1.1 Monthly Ex-gratia amount of Rs 9,000/- per month.
11.1.2 In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. No disability award shall be payable in cases where the degree of disablement is less than 20%.
11.1.3 In cases of death, Ex-gratia amount of Rs 12.5 Lakhs
11.1.4 The Ex-gratia awards to Cadets (Direct)! NoK, shall be sanctioned purely on ex-gratia basis and the same shall not be treated as pension for any purpose.
However, dearness relief at applicable rates shall be granted on monthly ex-gratia as well as ex-gratia disability award.
12.CONSTANT ATTENDANT ALLOWANCE (CAA)
12.1 “Constant Attendant Allowance shall continue to be admissible under the condition as hithertofore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall be admissible at the uniform rate of Rs. 6750!- per month, irrespective of the rank with effect from 1.7.2017.”
13.COMMUTATION OF PENSION:
13.1 There shall be no change in the provisions relating to commutation values, the limit upto that the pension can be commuted or the period after which the commuted pension is to be restored.
13.2 The pensioners who have retired between 1.1.2016 and date of issue of orders for revised pay/ pension based on the recommendations of the 7th CPC, shall have an option, in relaxation of provisions of relevant Pension Regulations, not to commute the pension which has become additionally commutable on retrospective revision of pay / pension on implementation of recommendations of the 7th CPC, Option form to be used for this purpose shall be prescribed by the PCDA (Pension), Allahabad along with their implementation instructions.
13.3 The option may be invited only from those who Want to commute their pension which has become additionally commutable as per Para
13.2 above and no commutation shall be allowed as a default. In such cases, RO/HOO/PSAs will finalize the cases without waiting for Option for commutation of additional pension and such option, if any, received later on (within four months from the date of issue of this letter) may be processed separately for additional commutation. Option for additional commutation on the basis of revised pension once exercised would be final and in no case it would be entertained at a later stage. Service Hqrs may be deputed as Nodal agencies to carry out such exercise with the respective ROs for the speedy implementation of work and forward such cases to PSAs.
14. The amount of various pensionary awards admissible in terms of this order, shall be round-ed off to the next higher rupee by the Pension Sanctioning Authorities.
15.If the amount of any monthly pension! family pension admissible under the provisions of this letter works out to be less than Rs 9,000/- per month, it shall be stepped up to Rs 9,000!- per month and authorized for payment at this rate.
16.The pension/ family pension notified in terms of these orders from 1.1.2016 or thereafter, shall qualify for dearness relief sanctioned by the Government from time to time in accordance with the relevant rules! instructions.
PROCEDURE FOR SANCTION OF’REVISED PENSION TO THOSE WHO HAVE ALREADY RETIRED
17. 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 1.1.2016 and in whose cases, pensionary benefits at pre-revised rates have already been notified, the Record Offices concerned in case of JCOs/ORs and PCDA(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 instructions to all concerned, shall be issued by PCDA (Pensions), Allahabad immediately on receipt of these orders.
18. Pension Regulations of the three Services, shall be amended in due course.
19. This issues with the concurrence of the Finance Division of this Ministry vide their ID Note No.10(03)/2017/Fin/Pen dated 30.08.2017.
20.Hindi version will follow.
Under Secretary to the Government of India.