My husband was a defence civilian and removed from service Am I entitled for family pension?  

Fixed medical allowance is paid with reference to the area where the pensioner is residing. If the pensioner is residing in an area not covered by the CGHS, he is entitled to payment of fixed medical allowance.

        If the Civilian Pensioner is residing in an area covered by CGHS, he is not entitled to payment of fixed Medical Allowance. As regards the payment of fixed medical allowance in respect of Armed Forces pensioners they are entitled to it subject to option and undertaking to be given by them that they do not want to avail OPD medical facility at MH/MI Room.  

Commuted portion of pension is to be restored after 15 years from the date of commutation. This restoration was introduced w.e.f. 1.4.85 i.e. those who completed 15 years on or after 1.4.85, their pension was to be restored.

This 15 years is to be counted from date of discharge provided commutation was sanctioned simultaneously with service pension in the same PPO.

However, where commutation was sanctioned subsequent to the date of discharge the restoration of commuted portion of pension will be done on completion of 15 years from the date from which the amount of capitalized value is paid or credited to the pensioner's account.

Every pensioner has to apply to his PDA through an application after completion of 15 years for restoration.  

Modified Parity Formula Orders issued by Govt. of India, Ministry of Defence under their letter dated 07.06.99  envisage that w.e.f. 1.1.96 service pension of a pensioner will not be less than 50% of the minimum of the revised pay scale introduced w.e.f. 1.1.96 for 33 years service. If the actual service plus admissible weightage is less than 33 years, the service pension will be reduced proportionately. Similarly family pension w.e.f. 1.1.96 will not be less than 30% of the minimum of the revised pay scale  introduced w.e.f. 1.1.96.

        In case of PBOR, modified parity is beneficial only to Hony Commissioned Officers. For revision under modified parity, pensioner should apply on prescribed application form i.e. Annexure II to Govt. letter dated 14.07.98 (available with PDAs) to their PDA who will, after verification of particulars, send the application to RO concerned. In Pre-86 cases the Record Office will send the application form to the PAO concerned for notional fixation of pay as on 1.1.86 (on Annexure IV). The Annexure II (along with Annexure IV where  applicable) is ultimately received by the Office of the Pr. CDA (Pensions), Allahabad for issue of corrigendum PPO revising the pension.  

Rates of disability element for 100% disability in r/o Armed Forces Pensioners have been revised w.e.f. 1.1.96 as under:  

   
             If the disability is lower than 100% the above rates will be proportionately reduced.

        The revised rates are applicable w.e.f. 1.1.96 to all the pensioners in receipt of disability pension irrespective of the date of discharge i.e. applicable to post 96 pensioners as well as Pre-96 Pensioners.  

In pursuance of Vth CPC recommendations, Govt. of India, Ministry of Defence vide their letter dated 31.01.2001 have issued orders for revision of disability pension in respect of Post 96 discharge/invalidment/death cases. For purposes of grant of disability pension, following two criteria have been adhered to.

Invalidment Cases:    In invalidment cases disability element will be computed as under:

DE on Discharge Release Cases: In discharge release cases, no disability element shall be payable for disabilities less than 20%. Rounding off benefit in such cases will not be allowed.  

Before Vth CPC orders a widow, recipient of special family pension, on remarriage with real brother of the deceased was allowed special family pension. In case of remarriage of widow with a person other than the real brother of the deceased special family pension was discontinued from the date of marriage. However, in case of liberalised family pension ordinary family pension was payable on re-marriage with other than real brother.

        Under Vth CPC orders applicable from 1.1.96 the position has undergone a change. Now the payment of SFP to the widow in the event of remarriage will depend upon the circumstances as to whether or not she has children and whether she supports them after remarriage.  

The above position is valid only when the widow is the nominated heir, However, where first life award is sanctioned to parents, the payment of family pension will be regulated as under: -  

Yes with the following conditions: -

(i)               Not admissible to class A Pensioners/Officers.

(ii)            Admissible to PBOR and below class 'A' Pensioners.

(iii)          Admissible w.e.f. 18.07.97

(iv)          Admissible only when the pay on the re-employed post has been fixed on the minimum scale of pay on which re-employed.

(v)             Whole of pension has been ignored while fixing his pay.  

War Injury pension consists of two elements: -

(i)               Service element

(ii)            War Injury element

The procedure for calculation of War Injury Pension on invalidment and discharge is as under: -

War Injury Pension on Invalidment:

        Service element in respect of Commissioned Officers will be calculated with reference to pay drawn at the time of Invalidment but counting service upto the date on which he/she should have retired in that rank in normal course including weightage as admissible. Whereas in respect of PBOR service element will be calculated on the basis of the rank and group and maximum length of service for that rank.

War Injury Element:

        WIE will be equal to reckonable emoluments last drawn for 100% disablement. For lower percentage it will be reduced proportionately. However aggregate of SE and WIE will not be more than last pay drawn.

War Injury Pension on discharge: -

        Service element equal to service pension War Injury element Rs. 5200/-, 3800/- or 3100/-, for officers, JCOs & PBOR respectively, for 100% War Injury. For lower % it will be proportionately reduced.   

We are not aware of any Govt. letter regarding one Rank, one pension. Govt. Orders on modified parity have been issued which do not envisage that pension of all the pensioners of the same rank, group and qualifying service will be the same.

        In-fact pension in respect of PBOR is calculated on maximum of the pay of the rank and group in which last served. Since Pay Scales of those who are discharged on or after 10.10.97 are higher than of those who are discharged between 1.1.96 and 9.10.97, pensions of these two categories of pensioners differ.