Govt of India, Ministry of Defence has formed Entitlement Rules for casualty pensionary awards and disability compensation awards 2023 which has replaced the entire provision of disability pension as entitled earlier in ER 2008 and Pension Regulations for the Army 2008 Part I – Regs 81,82,83 95 and 98 and its equivalent Regs of IAF and IN.
The vital changes that made in this ER 2023 is abolition of disability pension for other than invalid out cases. New term Impairment relief has been introduced to compensate disability for discharged persons where disability is aggravated/attributable and assessed min 20%. In this article we will make a clear table of differences between disability pension (Disability element) and Impairment Relief with proper illustration.
What is Disability pension as per ER 2008 ?
Disability pension is applicable to all LMC persons retiring/ discharged from Service with diability aggravated/attributable to military service and minmum disability as perescribed in the concerned cases without limiting any minimum lenngth of service. It Contains two elements vioz Service element (equal to service pension) and Disability element ( 30% of last RE for 100% disabled and proportionate reduced for lesser amount of disability percentage).
What is Impairment Relief as per ER 2023 ?
Impairment Relief. impairment Relief is a monthly disability compensation, calculated as a defined percentage of the last reckonable emoluments,awarded to Armed Forces personnel who are retired or discharged from service voluntarily or otherwise with a disability sustained under circumstances accepted as Category ‘B’ or ‘C’ and assessed not less than 20 per cent ‘Impairment Relief shall hereinafter replace the term ‘Disability Element in as far as disability compensation to Armed Forces personnel who are retired or discharged from service. This is not a pension and shall cease upon the demise of the recipient.
Who all are entitled to get Disability pension as per ER 2023 ?
Only invalided out of service/ deemed to be invalided out cases are entitled to get disability pension/ Disability element.
Who all are entitled to get Impairment Relief ?
Retired persons (after completion of coloured service/ PMR) are mnot entitled to get disability pension/ disability element. They are entitled to get Impairment relief, in addition ot service pension (if entitled). This rule is effective from 21.09.2023. Past pensioners are not need to be worried.
Is the provision mentioned in Pension Regulations (IA, IN & IAF) is null and void after introduction of New ER 2023 ?
Yes, as per new rule, all previous provisions are not efffective.
Difference between Disability Pension and Impairment Relief
| Disability pension | Impairment Relief |
| Contains two elements viz Service element and Disability element. | This is just a relief to compensate for your disability and no other element associated with it. |
| Soldiers/officers Invalided out of service with disability aggravated by / attributable to military services are only entitled to get Disability pension. Retired/discharged persons are not entitled to get Disability pension now. | Soldiers/officers retired/discharged on completion of coloured service and on premature retirement with disability accepted as attributable to or aggravated by military service with minimum 20% disability are entitled to get Impairment relief. |
| Rate of disability pension is as under – Service element = 50% of last RE(equal to service pension) Disability Element = 30% of last RE for 100% disability and proportionally reduced for lesser percentage of disability. | Rate of Impairment Relief is same as Disability Element = 30% of last RE for 100% disability and proportionally reduced for lesser percentage of disability. |
| Disability pension is a kind of pension as it is self explanatory in its nomenclature. Dearness Relief (Equal to DA) is applicable. Increase in DR/DA normally twice a year is also applicable on both the elements of disability pension i,e service element and disability element. | Impairment Relief is not a Pension hence it can not be compared with disability. Those who are only in receipt of this relief can not be treated as pensioners and PPO is also not applicable to them. As a result without any pension (for less than 15 Yrs service of PBOR), one can not be treated as Exserviceman as per extended govt orders which defines the term Exserviceman. Since it is not a pension and from its nomenclature it is confirmed that it is a kind of relief, applicability of DR (Dearness Relief) as entitled by disability pensioners , is not confirmed here. So, once IR is granted, there will be no chance of half yearly increase in the total amount of it, like the disability element. |
| Nk Ram singh after completion 8 years of service has been invalided out of service with disability (aggravated) 15% and RE (BASIC Pay + MSP + Class Pay) = 36,000/- released and will get the total pension amount as on 01 Oct 2023 as under Service element = 50% of his RE = 36,000/- x 50% = 18,000/- His disability will be broadbanded to 50%. Disability element = (36,000/- x 30%) x 50% = 5,400/- So, total pension amount is 18,000/- + 5,400/- = 23,400/- Now DR at present rate ( for example 50%) is also applicable. So, he will get total amount of 23,400 x 150% = 35,100/- | Nk Avtar singh after completion 8 years of service has been discharged from service due to unwilling to accept sheltered appointment with disability (aggravated) 30% and RE (BASIC Pay + MSP + Class Pay) = 36,000/- released and will get the total pension amount as on 01 Oct 2023 as under Service element = NilDisability Element – Nil His disability will be broadbanded to 50%. Less than 20% disability no disability compensation for other than invalided cases. In case of disability more than 20% , in this case he will receive the relief as under – Impairment Relief = (36,000/- x 30%) x 50% = 5,400/- DR may not be applicable as the IR is a kind of relief. at present rate ( for example 50%) is also applicable. So, he will get total amount of Rs 5,400/-pm only for life (except any notional growth in his last pay by Revision under recommendation of Pay commission) |
| Hav Joseph DR after completion of 15 years of service has been invalided out of service with disability (aggravated) 15% and RE (BASIC Pay + MSP + Class Pay) = 42,000/- released and will get the total pension amount as on 01 Oct 2023 as under Service element/Service pension = 50% of his RE = 42,000/- x 50% = 21,000/- His disability will be broadbanded to 50%. Disability element = (42,000/- x 30%) x 50% = 6,300/- So, total pension amount is 21,000/- + 6,300/- = 27,300/- Now DR at present rate ( for example 50%) is also applicable. So, he will get total amount of 27,300 x 150% = Rs. 40,950/- | Hav Srinivas after completion of 15 years of service has been discharged from service due to unwilling to accept sheltered appointment with disability (aggravated) 30% and RE (BASIC Pay + MSP + Class Pay) = 42,000/- released and will get the total pension amount as on 01 Oct 2023 as under Service Pension = 50% of his RE = 42,000/- x 50% = 21,000/- His disability will be broadbanded to 50%. Impairment Relief = (42,000/- x 30%) x 50% = 6,300/- DR may not be applicable on IR as it is a kind of relief. DR at present rate ( for example 50%) is on service pension only in this case. So, total pension amount is 21,000/- + DR (@ 50% for example) + 6,300/- = 31,500 + 6,300 = Rs. 37,800/- So, due to enforcement of New ER 2023, he is losing Rs, 3150/- for his entitled pension as was applicable in ER 2008. |