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Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

February 1, 2018 by Admin

Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

No.1(2)/2016-D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, Dated , the 30th September 2016

The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff,

Subject: Revision of pension of pre-2006 pensioners (JCOs/ORs and Commissioned Officers) -delinking of qualifying service of 33 years for revised pension.

The undersigned is directed to refer to this Ministry’s letter No- 7(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, for implementation of government decision on the recommendations of the Sixth CPC for revision of pension/family pension in respect of Pre-2006 Armed Forces pensioner/Family pensioners.

As per provisions contained in Para 5 of the letter, revised pension and revised ordinary family pension of all Pre-2006 Armed Forces pensioners/Family pensioners determined in terms of fitment formula laid down in Para 4.1 of above said letter dated 11.11.2008 should in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired/discharged] invalided out/ died including Military Service Pay and ‘x’ Group Pay, where applicable. The pension so calculated had to be reduced pro-rate where pensioner had rendered less than 33 years of qualifying service.

2. The above minimum guaranteed pension was revised w.e.f. 24.09.2012 vide GOI, MOD letter No. 1(11)/2012/D(Pen/Pol) dated 17.01.2013 in case of commissioned officers.

As-per this letter, with effect from 2409,2012, the minimum guaranteed pension in respect of Pre-2006 commissioned officers/family pensioners should be determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed to SAI 2/8/2008 as amended(equivalent instructions for Navy.& Air Force) and SAI 4/S/2008 (for MNS Officers), plus grade pay corresponding to the Pre-revised scale from which the pensioner had retired/ discharged/invalided out/died including M.S.P.

The minimum guaranteed pension/family pension in respect of Pre-96 retired EC/SSC officers should be revised w.e.f. 24.09.2012 as 50% / 30% respectively of the pay in pay band corresponding to the pre revised scale of pay of Rs, 10500/- ( in terms of para 9(a)(l) of SAI 1/S/2008 ) plus grade pay of Rs 5400/ and M.S.P. of Rs. 6000/-.

3. The above minimum guaranteed pension was further revised, vide Ministry’s letter No. 1 (04)/2015/(l)-O(Pen/Pol) dated 3rd September, 2015 ( in r/o JCOs) and Letter No- 1(04)/2015/(11)-D(Pen/Pol) dated 3rd September, 2015(in r/o JCO/ORS).

Pension/family pension in respect of Pre- 2006 Armed Forces pensioners/Family pensioners, has been determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised Pay Band as indicated under fitment. tables annexed with 1/8/2008, 2/8/2008, 8 4/8/2008 as amended and equivalent instructions for Navy and Air Force, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired! discharged/invalided-out/died including Military Service Pay and ‘X’- group pay where applicable w.e.f. 01.01.2006.

However, vide Ministry’s letter No. 1(7)/2014-D‘(Pen/Pol) dated 31.07.2015, the minimum guaranteed pension in case of Medical Officers of AMC/ADC/RVC has been revised by adding NPA, @ 25% of minimum of fitment table for the rank In the revised Pay band as indicated In the‘fitment table annexed with SAI 2/S/2008.

4. Now, .GOI, Ministry of Personnel, PG & Pensions, Department of Pension Pensioners’ Welfare has Issued OM, No. 38/37/08-P&PW (A) dated 06.04.2016 for delinking of Qualifying Service with-pension for revision purpose. Therefore, it has been decided that w.e.f. 1.1.2006, revised consolidated pension and family pension of. pre-2006 armed forces pensioners shall not be lower than 50% and 30% respectively of the minimum of the pay in the Pay band plus.

Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/ invalided out/died including Military Service Pay and X group pay, if any, without pro-rate reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Ministry‘s letter dated 11.11.2008 would stand modified to this extent.

5. Revised table’s indicating minimum guaranteed retiring/service pension and Ordinary family pension have been annexed to this letter as follows:-
Annexure A for commissioned officers (JCOs)
Annexure B for Army Pensioners (JCOs/ORs)
Annexure C for Airforce Pensioners (JCOs/ORs)
Annexure D for Navy pensioners (JCOs/ORs)

Pension Disbursing Agencies (PDA) are hereby authorized to step up the pension/ family pension of the affected. pre-2006 pensioners where the existing pension being paid to the pensioners, is less than the rata of pension indicated in above said annexures. Necessary implementation instructions to all concerned shall be issued by principal CDA (Pensions), Allahabad

6. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006. Further, the pension/Family pension of the Armed Force Personnel has been revised a number of times in past vide various letters issued by this. Ministry, therefore, if pension already revised w.e.f. 01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014(OROP) under respective Govt. orders happens to be more than this amount. then Retiring/Service and Family Pension as per above orders will continue to be paid as basic pension during that period.

7. Payment of Life Time Arrears (LTA) : If a pensioner to Whom the benefit accrue-s under the provisions of this letter has died/dies before receiving the payment of arrears, the Life Time Arrears of Pension (LTA) shall be paid in the following manner:-

(a) If the claimant is already in receipt of Family Pension or happens to be the person in whose favour Family Pension already stands notified and the awardee has not become Ineligible for any reason, the LTA under the provisions of this letter should be paid to such a claimant by the PDA on their own.

(b) if the claimant has already received LTA in the past in respect of the deceased to whom the benefit would have accrued. the LTA under the provisions of this letter should also be paid to such a claimant by the PDA on their own.

(c) If the Claimant is a person other’than the one mentioned at 7(a) & 7(b) above, payment of LTA shall be made to the legal heir/heirs as per extant Government orders on the subject.

8. Additional pension: The rate prescribed In these orders shall be the minimum guaranteed basics pension from 1.1.2006. Additional pension as applicable to the old aged pensioners/ family pensioners on attaining the relevant age (80 years and above) shall also be enhanced by the PDAs, where beneficial from 1.1.2006 or the date from which the pensioner attain the age of 80 years or more, whichever is later as per the extant orders on the subject.

9. All other terms and conditions shall remain unchanged.

10. This issues with the concurrence of Finance Division of this Ministry vide their ID No. 10(6)/2016/FIN/PEN dated 29.9.2016.

5 . Hindi version will follow.

Yours faithfully,
sd/-
(Manoj Sinha)
Under Secretary to the Government of India

Click to view the revised pension tables

Authority: http://www.desw.gov.in/

Filed Under: Defence Pay Calculators, Pension Calculators Tagged With: Defence Pension Calculator, Delinking of revised pension, DL 33 Arrears Calculator

Delinking of revised pension from qualifying service of 33 years for pre-2006 pensioners – Pension arrears from 1.1.2006

February 1, 2018 by Admin

Delinking of revised pension from qualifying service of 33 years for pre-2006 pensioners – Pension arrears from 1.1.2006

Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years

No.38/37/08-P&PW (A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 06th April, 2016

OFFICE MEMORANDUM

Sub:- Revision of pension of pre-2006 pensioners — delinking of revised pension from qualifying service of 33 years.

The undersigned is directed to say that as per Para 4.2 of this Department’s OM of even number dated 1.9.2008 relating to revision of pension of pre-2006 pensioners w.e.f. 1.1.2006, the revised pension w.e.f. 1.1.2006, in no case, shall be lower than 50% of the sum of the minimum of pay in the pay band and the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired.

A clarification was issued vide DoP&PW OM of even number dated 3.10.2008 that the pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale.

2. Several petitions were filed in the Central Administrative Tribunal, Principal Bench, New Delhi inter alia claiming that the revised pension of the pre-2006 pensioners should not be less than 50% of the minimum of the pay band + grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure OM No. 1/1/2008-IC dated 30th August, 2008, Hon’ble CAT, Principal Bench, New Delhi vide its common order dated 1.11.2011 in OA No.655/2010 and three other connected DAs directed to re-fix the pension of all pre-2006 retirees w.e.f. 1.1.2006 based on the Resolution dated 29.8.2008 of the Department of Pension & Pensioners’ Welfare and in the light of the observations of Hon’ble CAT in that order.

3. Orders were issued vide this Department’s OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner retired.

Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of O.M. No.38/37/08- P&PW (A) dated 1.9.2008 is higher than the pension/family pension calculated in the manner indicated in the O.M. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

4. Subsequently, in compliance of the order dated 1.11.2011 of the Hon’ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon’ble High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon’ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department’s OM of even number dated 30.7.2015 that the pension/family pension of all pre — 2006 pensioners/family pensioners may be revised in accordance with this Department’s O.M. No.38/37/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of 24.9.2012.

5. In accordance with the order issued in implementation of the recommendation of the 6th CPC, the pension of Government servants retired/retiring on or after 1.1.2006 has been delinked from qualifying service of 33 years.

In OA No. 715/2012 filed by Ski. M.O. Inasu, a pre-2006 pensioner, Hon’ble CAT, Ernakulam Bench, vide its order dated 16.8.2013 directed that the revised pension w.e.f. 1.1.2006 under para 4.2 of OM dated 1.9.2008 would not be reduced based on the qualifying service of less than 33 years.

The appeals filed by Department of Revenue in the Hon’ble High Court of Kerala and in the Hon’ble Supreme Court have also been dismissed. Similar orders have been passed by Hon’ble CAT/High Court in several other cases also.

6. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It has-now been decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rate reduction of pension even if they had qualifying service of less than 33 years at the time of retirement.

Accordingly, Para 5 of this Department’s OM of even number dated 28.1.2013 would stand deleted. The arrears of revised pension would be payable with effect from 1.1.2006.

7. Ministry of Agriculture, etc. are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and Subordinate Offices under them for revising the pension of all those pre -2006 pensioners who had rendered less than 33 years of qualifying service at the time of retirement in the manner as indicated above on top priority.

Revised Pension Payment Orders in all these cases may also be issued immediately.

8. All pension disbursing offices/banks are also advised to prominently display these orders on their notice boards for the benefit of pensioners.

9. This issues with the approval of Ministry of Finance, Deptt. of Expenditure vide ID Note No. 2(9)/EV/2015, dated 15.3.2016.

10. Hindi version will follow.

sd/-
(Seema Gupta)
Deputy Secretary to the Government of India

Authority: www.pensionersportal.gov.in

Filed Under: Defence Pension Calculators Tagged With: Defence Pension Calculator, Delinking of revised pension, DL 33 Arrears Calculator, Pre-2006 Pensioners

DL 33 Arrears Calculator for Pre-2006 Defence Pensioners

January 30, 2018 by Admin

DL 33 Arrears Calculator for Pre-2006 Defence Pensioners

Delinking Qualifying Service 33 Years – Minimum Guaranteed Pension w.e.f.1.1.2016 – Arrears Calculator

Reference orders :

DoPPW Orders on 6.4.2016 on Delinking of revised pension from qualifying service of 33 years

DESW Orders on 30.9.2016 on Delinking of revised pension from qualifying service of 33 years

[Note: All the figures are indicative]

Filed Under: Defence Pension Calculators, Pension Calculators Tagged With: Defence Pension Calculator, DL 33 Arrears Calculator, Pension Calculators, Pre-2006 Pensioners

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