Impairment Relief : New term replaced the Disability Element for Soldiers

The Entitlement Rules for Casualty Pensionary Awards to the Armed Forces Personnel 2023 has brought several new changes in disability pension for Indian Armed Forces. Among them most important changes are definition of Invalided out of service, introduction of Impairment relief instead of disability element, Capitalized Impairment relief for LMC (for Life), Retention cum Impairment Assessment Board for LMC permanent.

What is Impairment Relief ?

According to the casualty pensionary Award and disability pension Rules 2023 of 21 Sep 2023, 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’ (attributable / aggravated) 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.

What is Liberalized impairment relief ?

Liberalized 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 and assessed not less than 20 per cent. “Liberalized Impairment Relief shall hereinafter replace the term ‘Liberalized 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.

What is Capitalized Impairment Relief ?

A Capitalized Impairment Relief/liberalized Impairment Relief/ War Injury Relief (to be hereinafter referred in short as ‘Capitalized Impairment Relief in these rules) is the commuted present value of the future payout of an accepted Impairment Relief/ Liberalized Impairment Relief/ War injury Relief calculated by adopting the current commutation tables. The provision of Broad Banding shall not apply for calculating the percentage of impairment for the award of ‘Capitalized Impairment Relief. The terms Capitalized impairment Relief/Liberalized Impairment Relief/ War Injury Relief shall replace the terms Lump-Sum Compensation in Lieu of Disability Element/ Liberalized Disability Element/ War injury Element.

What is Disability pension as per New Casualty Pensionary Awards and Entitlement Rules 2023 ?

A Disability Pension is a monthly composite pension comprising of a Service Element and Disability Element, each calculated separately, as a defined percentage of the last reckonable emoluments. There shall be no condition of minimum qualifying service for earning Service Element.

So, from the above definitions as mentioned in the New ER 2023, it may be stated that the disability pension still exists and the entitlement criteria for disability pension is unchanged. In case of grant of disability pension, both the elements are authorized as the cases may be (except Discharge at own request – who are not entitled service pension – below 15 years service cases for PBOR). In case of LMC (P) (Type B and C) personnel discharged at own request for below 15 years service cases, only impairment relief is admissible. No disability element/pension is entitled now as per new rules. Impairment relief is not a pension, it is a monthly compensation.

In general the effecct of disability pension for premature retirement cases, disability element is only authorised. So, from now they will be entitled no disability pension and only Impairment relief is authorised.

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