7th 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 Junior Commissioned Officers & Other Ranks, Retiring or dying in harness on or after 1.1.2016 (Post-2016)
OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPADI GHAT, ALLAHABAD- 211014
Circular No.584
Dated: 07.09.2017
To,
The OI/C
Records/ PAO (ORs)
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Subject: 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 Junior Commissioned Officers & Other Ranks, 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 (Copy enclosed), pensionary awards of Junior Commissioned Officers and Other Ranks of the three Services, Defence Security Corps, Territorial Army and Non- Combatants (Enrolled) in the Air Force, (hereinafter collectively referred to as Armed Forces Personnel) 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. You are 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 as under :-
(a) Initial Claims/Corrigendum Claims For Service Pension, Special/ Invalid Pension, Service Element as well as Disability Element of Disability/ Liberalised Disability/War Injury Pension:
Initial Claims for Service Pension, Special/ Invalid Pension, Service element as well as disability element of Disability/ Liberalised Disability/War Injury Pension in respect of JCOs/ORs retired/discharged/released/invalided out on or after 01.01.2016 and who are in receipt of pay & allowance under respective Pay Rules 2017 of three services of JCO/ORs shall be preferred in usual manner on revised LPC-Cum-Data Sheet No. PHP- 001/2017(7th CPC) as per specimen enclosed (along with the filling instructions) and submitted as usual along with data in electronic form. For purpose of subsequent Corrigendum PPO, the LPC-Cum-Data Sheet No. PHP-002/2017(7th CPC) as per specimen enclosed (along with the filling instructions) will be used.
(b) Initial Claims/Corrigendum Claims for Revision of Ordinary Family Pension/Special Family Pension/ Liberalised Family Pension under Casualty Pension Award:
Initial Claims for Ordinary Family Pension/ Special Family Pension/ Liberalised Family Pension and 2nd Life Award of Special Family Pension/Liberalised Family Pension under Casualty Pension Award in respect of JCOs/ORs died in harness on or after 01.01.2016 and who are in receipt of pay & allowance under respective Pay Rules 2017 of JCO/ORs shall be preferred in usual manner on revised LPC-Cum-Data Sheet No. PCDA (P) PHP-05/2017 (7th CPC) as per specimen enclosed (along with the filling instructions) and submitted as usual along with data in electronic form. Field 19 to 28 of this data sheet will be used for fresh cases of family pension of Pre-2016 or Pre-2006 cases only not notified till date. For purpose of subsequent Corrigendum PPO, the LPC-Cum-Data Sheet No.PCDA (P) PHP-06/2017 (7th CPC) as per specimen enclosed (along with the filling instructions) will be used.
(c) Commutation of Additional Pension in Revision Case:
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 for this purpose is enclosed as Appendix ‘A ’ to be used for this purpose.
The option for commutation of additionally commutable amount will required to be submitted within 4 months from the issue of the Govt. letter by Armed Forces Personnel.The option exercised after expiry of 4 months from issue of the Govt. letter will not be entertained. The claim submitted without exercise of the 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.
3. 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.
4. FAMILY PENSION/DISABILITY PENSION/WAR INJURY PENSION
4.1 There shall be no change in the existing provisions regulating the amount/rate of various kinds of family pensions including family pension determined under casualty pensionary awards and additional family pension applicable to old family pensioners.
4.2 There shall also be no change in existing provisions regulating the Disability Pension/War Injury Pension under casualty pension award.
4.3 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.2,50,000/- with effect from 1.1.2016. The maximum ceiling is, however, not applicable in the cases of Special Family Pension/ Liberalized Family Pension/Disability Pension/War Injury Pension etc., applicable under casualty pensionary awards.
4.4 The dependency criteria for the purpose of ordinary family pension shall continue to be the minimum family pension along with Dearness Relief thereon.
5. Ex-GRATIA LUMP SUM COMPENSATION IN CASES OF INVALIDMENT :
Ex-gratia 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-gratia compensation shall be proportionately reduced. No Ex-gratia 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:
Where an 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:
The existing provision 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 hitherto fore 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.
7. PROCEDURE FOR SANCTION OF REVISED PENSION TO THOSE WHO HAVE ALREADY RETIRED:
JCOs/ORs 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 will initiate and forward revised LPC-cum-Data Sheet No.PHP-003/2017 (7th CPC) to the respective Pension Sanctioning Authorities (PSAs) for issue of Corrigendum PPOs notifying the revised pensionary awards.
8. The Software Programme for Data entry and validation check may be collected from EDP Centre of this Office through the reps of ROs visiting this Office.
9. The Orders/Circulars/Formats etc. in this connection are also available on the Website of this Office i.e. www.pcdapension.nic.in.
10. As far as possible, all fresh claims for grant of service pension should be submitted only on revised LPC-cum Data Sheet. After 01.10.2017, no fresh case 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.
(Nasim Ullah)
ACDA (P)