Defence Order – Clarification regarding grant of Dual Family Pension i.e. Ordinary Family Pension (OFP) from Military Side as well as Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed Military service
No. PC -2(6)/2013/D(Pen/Pol)
Government of India/Bharat Sarkar
Ministry of Defence
Department of Ex-Servicemen Welfare
D(Pension/Policy)
Dated 8th July, 2019
To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
Subject: Clarification regarding grant of Dual Family Pension i.e. Ordinary Family Pension (OFP) from Military Side as well as Special Family Pension (SFP)/ Liberalised Family Pension (LFP) for re-employed Military service – reg.
Sir,
The undersigned is directed to state that references have been received seeking clarification as to whether Special Family Pension (SFP)/Liberalised Family Pension (LFP) is admissible on death of a military pensioner re-employed in military service, and his death is attributable to military service.
2. Prior to 17.01.2013, the NOKs of Armed Force Pensioner who got re-employed in Civil Department/PSUs/Autonomous bodies/Local Fund of Central/State Governments after getting retired from military service were authorized to draw Ordinary Family Pension (OFP) either from military side or from civil side whichever was beneficial to them in terms of Gol, MoD letter No. 10(6)/92/D(Pens/Sers) dated 28.09.1992 and regulation 78 of Pension Regulation Part-I, 2008. Subsequently, vide GoI, MoD letter No.01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner.
3. It was further clarified that dual family pension is admissible irrespective of the fact whether the re-employment was in civil or military department vide GoI, MoD letter No. 10(17)/2012-D(Pen/Pol) dated 21.03.2013. Hence, the family pensioners of military personnel re-employed in military e.g. Territorial Army/Defence Security Corps (TA/DSC) are also covered in the ambit of the Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013 for grant of dual family pension w.e.f. 24.09.2012. However, the admissibility of dual family pension was restricted to ordinary family pension (OFP).
4. Department of Pension and Pensioners’ Welfare vide their OM No. 1/3/2016-P&PW(F) dated 24.01.2019 has clarified that the provisions of two family pensions, one in respect of military/civil service and the other for civil service after re-employment, as available in terms of CCS(Pension) Rules, is also applicable under CCS(EOP) Rules.
5. The matter regarding extending the admissibility of Special Family Pension (SFP) /Liberalised Family Pension (LFP) in cases of death attributable to military service in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 in the case a of dual family pension has been examined. It has been decided that Department of Pension and Pensioners’ Welfare OM No. 1/3/2016-P&PW(F) dated 24.01.2019 would apply mutatis-mutandis to military/civil pensioners re-employed in military service and it is clarified that the provision of two family pensions, one in respect of military/civil service and Special Family Pension (SFP)/Liberalised Family Pension (LFP) for re-employed military service is also applicable. Special Family Pension(SFP)/Liberalised Family Pension (LFP) if any, would be admissible in terms of GoI, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 on death of a pensioner who was re-employed in military service and if his death is attributable to military service, in addition to Ordinary Family Pension in respect of the previous military/civil service.
6. Where, however, on death of the re-employed ex-serviceman if the family is eligible for Special Family Pension (SFP)/Liberalised Family Pension (LFP) for first service, family pension for second spell of service would be Ordinary Family Pension.
7. Special Family Pension (SFP)/Liberalised Family Pension (LFP) shall be granted only in respect of one service and in no case, Special Family Pension (SFP)/Liberalised Family Pension (LFP) will be granted for both the services.
8. The financial benefits in the past cases will accrue with effect from 24.09.2012.
9. Pension Regulation of the three Services shall be amended in due course.
10. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2017/FIN/PEN dated 21.06.2019.
11. Hindi version will follow.
Yours faithfully,
Sd/-
(A K Agrawal)
Deputy Secretary to the Govt. of India