Confusion of Dual Family Pension

Families of retired Armed Forces personnel often face confusion about their entitlements, especially in cases where the pensioner is re-employed in a civil capacity and later passes away. A major reform addressed this concern through the grant of two family pensions — one from the military side and the other from the civil side. This article explains the legal basis, implementation orders, and state-level applicability, particularly referencing a recent order by the West Bengal Government dated 28.02.2025.

Background and Context

Earlier Position (Pre-2012):

Under the previous provisions of Pension Regulations and CCS (Pension) Rules, families of ex-servicemen re-employed in civil services could only receive one family pension — either from the civil or military side, whichever was more beneficial.

Service Beyond Uniform: Social Contributions of Ex-Servicemen

Major Policy Change:

Following the Committee of Secretaries 2012 recommendations, the Government of India accepted the proposal for dual family pensions, leading to the issuance of:

MoD Letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013
Circular No. 626 by PCDA (Pensions), Allahabad dated 19.08.2019

🏛️ Key Legal and Administrative Provisions

✅ Who is Eligible?

Ex-servicemen who:
- Retired from military service with a pension.
- Were re-employed in a civil capacity (Central/State/PSU/Autonomous Body).
- Continued receiving military pension till death.
Their family (Next of Kin – NOK) is eligible to receive:
- Ordinary Family Pension (OFP) from military service, and
- Family Pension from civil service, if admissible.
Effective from 24.09.2012, including for past cases (with financial benefit from that date).

📰 Latest Directive by Government of West Bengal (28.02.2025)

Reference: File No. DTA-1401(11)/5/2022-DIR SEC-DTA/185

Main Highlights:

Based on Rule 194A of the DCRB Rules, 1971 applicable to West Bengal Govt employees.
If a pensioner dies while holding a civil post, the family is eligible for family pension under either the State Rules or Military Rules, whichever is more advantageous.
The Finance Department, Pension Branch agreed that:
- There is no restriction in the West Bengal Rules to prohibit dual family pension.
- Family pension can be granted both from:
  - Defence Side (Military pension),
  - Civil Side (Government job post-retirement).
Action is to be taken accordingly by Treasury Officers.

📌 Significance: It confirms that re-employed ex-servicemen in West Bengal are covered under dual pension eligibility, aligning with central MoD and DOPPW rules.

📜 Related Government of India Clarifications

1. MoD Letter dated 08.07.2019:

Dual family pension extended to cases involving:
- Special Family Pension (SFP) or
- Liberalised Family Pension (LFP) if death is attributable to military service.
However, SFP/LFP cannot be claimed for both services simultaneously; only one service may provide SFP/LFP, the other must provide Ordinary Family Pension (OFP).

2. DoPPW Clarification (OM No. 1/3/2016-P&PW(P)):

Two family pensions are also allowed in cases of re-employment under CCS (EOP) Rules.

📌 Summary Table: Dual Family Pension Eligibility

Criteria	Eligibility
Retired Armed Forces personnel	Must be in receipt of pension
Re-employment	In Civil/State/Autonomous/PSU departments
Family Pension from Military	Allowed as Ordinary Family Pension (OFP)
Family Pension from Civil Post	Allowed as per CCS Pension Rules
Effective Date	24 September 2012
SFP/LFP	Allowed for one service only

📢 Key Takeaways for Families of Re-employed Ex-Servicemen

Families are now legally entitled to two family pensions, provided the conditions are met.
State Governments like West Bengal have also endorsed the dual pension model, ensuring local applicability.
Special categories like SFP/LFP require careful attention to eligibility, and only one such pension can be claimed.

📝 Final Word

This policy represents a progressive welfare measure for the Armed Forces community, acknowledging their lifelong service — both in uniform and in civil capacities. Treasury Officers, civil pension offices, and defence establishments must ensure seamless implementation to avoid hardship to NOKs.