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.
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