Special benefits in cases of death and disability in service – Pensioners Portal Orders
No.45/3/2008 – P&PW (F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003
Dated 20, November, 2014
OFFICE MEMORANDUM
Subject: Special benefits in cases of death and disability in service – Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/Family Pensioners – regarding.
The undersigned is directed to say that the pension of pensioners/family pensioners who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules was to be revised in accordance with Department of Pension & Pensioners’ Welfare OM NO.38/37/2008-P&P&W(A) dated 1.9.2008. Accordingly, instructions were issued vide this Department OM of even number dated 30th September 2010 for extension of benefits of modified parity to past pensioners’ for revision of disability pension/family pension covered under CCS(EOP) Rules.
2. Further, orders were issued vide this Department’s OM No.38/37/2008-P&PW(A) dated 28th January, 2013 for further stepping up of normal pension/family pension to 50%/30% of the sum of minimum pay in the pay band and grade pay corresponding to the pre-revised pay scales from which the pensioner had retired, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM NO.1/1/2008-IC dated 30th August 2008. The question of extending this benefit to pre-2006 disability pensioner/family pensioner covered under the Central Civil Services (Extraordinary Pension) Rules has been under the consideration of the Government. It has now been decided that the pension/family pension of pre-2006 disability pensioners/family pensioners covered under CCS(EOP) Rules would be further stepped up as under:-
I. Family Pension for Categories B & C
(a) Where the deceased Government servant was not holding a pensionable post: 40% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)! minimum Basic pay in the revised Scale of Pay (in the case of HAG and above) applicable from 1.1.2006 corresponding to the
scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1!2008-IC dated 30th August, 2008 subject to a minimum of Rs.4550!– 2-
(b) Where the deceased Government servant was holding a pensionable post: 60% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale )/ minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs.7.000/-
In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules. Dependent parents/brothers/sisters etc. shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.
II. Family Pension under Categories D & E
Family pension shall be calculated as the minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008.
(a) If the Government servant is not survived by his widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay( in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs. 7000/-
(b) When the Government servant dies as a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised scale of pay(in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, if both parents are alive, and at the rate of 60% if only one of them is alive.
III. Disability Pension for Categories B & C
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, to be reduced proportionately, if the employee did not have required qualifying service for full pension, plus disability element equal to 30% of the same basic pay, for 100% disability.
(b) For disability less than 100%, disability element shall be reduced proportionately. In cases of disability pension where permanent disability is not less than 60%, the disability pension (i.e. total of service element plus disability element) shall not be less than 60% of the minimum of pay in the Pay
Band plus Grade Pay ( below HAG scale) or the minimum basic pay in the revised Scale of pay (in case of HAG and above) corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008 , subject to a minimum of Rs. 7000/- per
month.
IV. Disability Pension for Category D
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay ( in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008, subject to proportionate reduction in case his qualifying service up to the deemed date of retirement falls short of full qualifying service and disability element equal to 30% of the same minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay ( in the case of HAG and above) as arrived at with reference to the fitment tables annexed to the
Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to the condition that the aggregate of service and disability element shall not be less than 80% of the minimum of Pay in the Pay Band plus Grade Pay/minimum Basic Pay, in case of HAG and above, applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008 for 100% disability.
(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11.2008.
V. Disability Pension for Cases under Category E
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale or the minimum Basic pay in the revised Scale of pay (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to proportionate reduction in case his qualifying service upto deemed date of retirement falls short of full qualifying service and disability element equal to the same minimum of pay in the Pay Band plus Grade Pay ( in the cases of below HAG scale) or the minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) corresponding to the scale of pay last held by the employee, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 for 100% disability.
(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. NO.45/3/2008-P&PW (F) dated 18.11.2008.
3. In the case of Disability pension/Family pension calculated as per para 4.1 of OM NO.38/37/2008-P&PW(A) dated 1.9.2008 is higher than the disability pension/family pension calculated in the manner indicated above, the same (higher consolidated disability pension/family pension) will continue to be treated as basic disability pension/family pension.
4. These orders shall take effect from 24.9.2012. There will be no change in the amount of revision disability pension/family pension paid during the period 1.1.2006 to 23.9.2012, and, therefore, no arrears will be payable on account of these orders for that period.
5. All other terms and conditions in the O.M. dated 3.2. 2000, as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11. 2008 and 30.09.2010 shall remain unchanged.
6. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their 10 No.481/EV/2014 dated 3.9.20145-
7. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.
8. All Ministries/Departments 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 on a top priority basis. All pension disbursing officers are also advised to prominently display these orders on their notice boards for the benefits of disability pensioners/family pensioners.
8. Hindi version will follow.
sd/-
(Tripti P Ghosh)
Director
Source: www.persmin.gov.in
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