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DISABILITY PENSION/WAR INJURY PENSION/INVALID PENSION/ COMPENSATION IN LIEU OF DISABILITY ELEMENT/CAA : COMMISSIONED OFFICERS

DISABILITY PENSION

SERVICE ELEMENT

DISABILITY ELEMENT

CONSTANT ATTENDENCE ALLOWANCE

WHEN DISABILITY PENSION IS NOT ADMISSIBLE

RECKONABLE EMOLUMENTS FOR SERVICE ELEMENT

INITIATION OF DISABILITY PENSION CLAIM

INVALID PENSION

MAXIMUM / MINIMUM LIMIT

WAR INJURY PENSION

COMPENSATION IN LIEU OF DISABILITY ELEMENT


DISABILITY PENSION

When an officer is invalidated out on account of a disability and the same is attributable to or aggravated by Military service and is assessed and accepted at 20% or more, he is granted disability pension.

Disability pension consists of two elements viz. service element and disability element. Service element is equal to the retiring pension based on qualifying service and average emoluments of last 10 months.

Disability element for 100% disability is Rs. 750/- PM (old rate). Revised rates under 5th C.P.C. is still awaited.

Initial Disability element is notified by the P.C.D.A.(P) on receipt of Govt. sanction in the case of commissioned officers. Subsequent award is sanctioned w.r.t. percentage of disability accepted by this office in consultation with Medical Adviser (Pensions) attached to this office.

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SERVICE ELEMENT

It is admissible equal to retiring pension and the minimum limit of service element is Rs. 1275/- PM w.e.f. 1-1-96.

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DISABILITY ELEMENT

Existing rates of disability element are as under:

I. Disability element for 100% disability is Rs. 750/- PM in normal cases.

II. Disability element for 100% War injury is Rs. 1500/- PM.

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CONSTANT ATTENDENCE ALLOWANCE

C.A.A. @ Rs. 300/- P.M. may be sanctioned in cases where the disability pension is awarded for 100% diablement if in the opinion of invaliding or re-survey medical board subject to acceptance by the Pension sanctioning authority, he/she needs the services of a constant attendant for atleast a period of 3 months, and the necessity arises solely from the condition of the accepted disability or disabilities.

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WHEN DISABILITY PENSION IS NOT ADMISSIBLE

If an officer seeks retirement on his own request, disability element is not admissible. However, it is admissible in case of those officers who proceed on retirement after rendering prescribed period of service for the rank from which they retire.

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RECKONABLE EMOLUMENTS FOR SERVICE ELEMENT

For Calculation of Service element of disability pension, same emoluments are taken as for retiring pension.

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INITIATION OF DISABILITY PENSION CLAIM

The claim for disability pension is initiated by the concerned branch of AHQrs. The following documents are required.

I.                    L.P.C.

II.                 Family details.

III.               Commutation application.

IV.              Approved copy of Released Medical Board/invalidating medical Board (AFMS-16)/AFMSF-18.

V.                 Medical Hospitalization documents and examination report.

VI.              AFMSF/81 (Primary Medical Examination Report)

VII.            Injury Report (IAFY-200), Court of Inquiry proceedings (IAFD-931).

Charter of duties at the time of on set of I.D. in the case of disease/injury

 

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INVALID PENSION

When an officer is invalided out of service with 10 Years or more of qualifying service (Without weightage) on account of disability which is accepted as neither attributable to nor aggravated by military service, he is granted invalid  pension.

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MAXIMUM AND MINIMUM LIMIT

Minimum rate of Invalid pension is Rs. 1275/- PM with effect from 1-1-96. The maximum Invalid pension would be an amount equal to the service element of disability pension.

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WAR INJURY

War injury Pay will now be known as war Injury pension w.e.f. 1-1-86 which will hence forth not consist of service element and disability element but will be a consolidated amount. War Injury pension for 100% disability shall be equal to the reckonable emoluments last drawn. 

Authy:             M.O.D. letter no. 1(5)/87/D (Pen/Sers) dated 30-10-87 

Where disability is less than 100%, the amount of War Injury pension shall be proportionately reduced. In no case, however, the amount of war Injury pension shall be less than 60% of the reckonable emoluments last drawn in the case of officers  

The minimum amount of war Injury pension mentioned in the above Para shall also be admissible incase the degree of disability is assessed at below 20% at the time of disablement or at any subsequent reassessment stage.

In addition to War injury pension, the officer shall be entitled to retirement gratuity also. 

RATE OF WAR INJURY PENSION ON SUBSEQUENT RETIREMENT: - In cases where an armed forces personnel was/is retained in service inspite of disability due to War injury and retired/ retires subsequently and opted/opts to draw War injury pension at the time of subsequent retirement foregoing lump-sum compensation in terms of para 2(a) of the Govt. letter dt. 7-3-91, shall be entitled to the following awards subject to the condition as laid down in para 5 of govt. letter dt. 7-3-91. 

I.                    SERVICE ELEMENT- Equal to service/retiring pension, as admissible depending on length of qualifying service at the time of the retirement/discharge.

II.                 DISABILLITY ELEMENT- Disability element on account of War injury, for 100% disability, will be Rs. 1500/- pm. 

COMMUTATION OF WAR INJURY PENSION: - 43% of War injury pension is commutable provided disability is of permanent nature for life.         

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COMPENSATION IN LIEU OF DISABILITY PENSION

(a)      In case an officer is found to have a disability which is (i) accepted by the competent authority as attributable to/aggravated by service factors, and (ii) assessed at 20% or more for life but the officer is retained in service despite such disability, he/she shall be paid a compensation in lump sum (in lieu of the disability element)  equal to the capitalised value of disability element. For this purpose , age next birthday  will be reckoned with reference to the date of onset of disability with loading to age, if any, recommended by the medical board. Once a compensation has been paid in lieu of the disability element, there shall be no further entitlement to the disability element for the same disability. Such disability shall also not qualify for grant of any pensionary benefit or relief subsequently.

In cases the officer is promoted from ranks, the disability element shall be the rank held at the time of onset of disability.

(b)     Provided that the disability has taken place on or after 1-1-1986. 

Authy:  Para 14.4 of MOD letter dt.30-10-87 & No. 1(7)/88/D(Pen-C)dated 2-12-91 & its corrigendum even No. 17.2.92.

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