Know your legal rights about pensions for military personnels

SERVICE PENSION

A pension is a regular payment made by the state to a person after he or she is officially retired from service. This is called a service Pension. A commissioned officer is entitled to a service pension after 20 years of service. A Non Commissioned officer is entitled to a service pension on completion of 15 years of service. A non-commissioned officer, when discharged after 14 years of service, can also be granted a service pension. Such armed forces personnel are entitled to claim for condonation of shortfall in qualifying service for grant of pension. An Armed Forces personnel, who is dismissed from service, is normally ineligible for a service pension. However in exceptional circumstances, at the discretion of the President of India, he can be granted a service pension. A person who is removed from service can also be considered for a grant of service pension.

Consult: Top Armed Forces Tribunal Lawyers

FAMILY PENSION

A pension when it is given to the widow or family members of the service personnel after his death is called a family pension. Death of such Armed Forces personnel may be during service or while drawing pension on account of his retirement.

There are three kinds of Family pensions:

1. Liberalised Family Pension granted to families of the Armed Forces personnel killed in war or war-like operations, counter-insurgency operations, or in an encounter with or in an incident involving armed hostiles, terrorists, anti-social elements, etc,

2. Special Family Pension may be granted to the family of an Armed Force personnel if his death is due to or hastened by a wound, injury, or disease which is attributable to military service or aggravated by military service which was existed or arose during military service.

3. Ordinary Family Pension is granted to Families of an Armed Force Personnel who die during service for causes neither attributable to nor aggravated by service, or after retirement with pension. Special children, unmarried or divorced daughter(s) are authorized for a lifetime family pension.

DISABILITY PENSION

The pension made on account of the disability of a serviceman is called a disability pension. A disability pension is granted to the personnel incapacitated due to any accident or disease suffered while or due to service. There must be a reasonable nexus and at least remote connection between disability and the duty of the personnel to entitle him to DP.

A soldier cannot be asked to prove that the disease was contracted or aggravated by him on account of military service. It is presumed that he was disease-free at the time of his entry into the Armed Forces, having been found fit due to physical and medical examinations. That presumption continues till it is proved by the employer that the disease was neither attributable to nor aggravated by military service. He is entitled to DP in addition to his service pension.

Consult: Top Armed Forces Tribunal Lawyers

BROAD BANDING OF DISABILITY PENSION

As per the GOI letter dated 31.01.2001 the Armed Force Personnels are granted the benefit of a broad banding scheme of disability pension.

As per the letter, personnels are entitled to round off his disability to 50 % if his disability is granted from 1 to 49 %. If the disability is granted from 50 to 75% he is entitled to round off to 75 %. If the disability is 76 to 100% then round off to 100%.

This scheme applies to all armed personnel if they are granted disability on account of invalidation/discharge/superannuation or release from service even if they are discharged or released on account of their request before completion of terms and engagement of pmr from service.

An invalid Pension is given to a person if he is invalided out of service and is unable to discharge his duties on account of a disability, and his condition is unlikely to improve.

To have a better view of the topic, have a look at the videos below. To contact Advocate Wg.Cdr.Ajit Kakkar for further clarifications regarding the same, click here.

Advocate Wg Cdr Ajit Kakkar (Retd)

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Dwarka, Delhi
24 years

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