Pension Regulation for the Army Part -I 2008 , Regulation 64 defines the Ordinary family pension and its applicability. A glimps of the regulation is reproduced here for basic awareness of the Family pension.
Rates of Ordinary Family Pension
64. (a) Normal Rate. of family Pension – The ordinary family pension shall be calculated at a uniform rate of 30% of reckonable emoluments subject to a minimum of pension fixed by the Government from time to time and a maximum of 30% of the highest pay in the Armed Forces.
64. (b) Enhanced Rate of Family Pension – Where Service personnel who dies while in service after having rendered not less than 7 years continuous qualifying service, or who dies after release/ retirement/discharge /invalidment with a pension, ordinary family pension shall be granted at an enhanced rate for a period of 7 years from the date following the date of death of the service personnel or upto the date on which the deceased would have attained the age of 67 years“(65 years in case 2 years extension in service not allowed by Screening Board”), had he been alive, whichever is earlier. The amount of enhanced ordinary family pension for this period shall be the lowest of the following amounts:
(i) 50% of the reckonable emoluments.
(ii) The amount of any kind of pension (before commutation) admissible under these Regulations in case where the deceased was a pensioner. Provided that where the amount of pension authorized on retirement/discharge/invalidment is less than the amount of ordinary family pension at normal rate, the amount of ordinary family pension shall by limited to normal rate as at (a) above. After the expiry of the period, the family in receipt of enhanced rate of ordinary family pension shall be entitled to normal rate of ordinary family pension.
Notes: 1. The period of continuous service does not include a period of suspension, if any.
2. Where broken periods of existing/former service have been allowed to count for pension/gratuity, the entire service will be treated as continuous qualifying service for the purpose of grant of enhanced rate of ordinary family pension.
3. The ordinary family pension in respect of an individual, who was remustered from a higher to a lower group on being declared surplus after rendering 15 years or more qualifying service, may be assessed, where more favourable than 35 Pension Regulations for the Army, Part -I (2008) the awards otherwise admissible, on emoluments drawn in the rank and group held on the date he was declared surplus.
REDUCTION IN ORDINARY FAMILY PENSION
Regulation 65. (a) If the death of a service personnel or pensioner is wholly or partly due to his serious negligence or misconduct, ordinary family pension shall not be reduced.
(b) No reduction in ordinary family pension shall be made even if a cut was imposed in the pension of the individual whose death gives rise to the claim for Ordinary Family Pension.
(c) No reduction in ordinary family pension shall be made on account of any compensation payable from public revenues for death of the individual.
DEFINITION OF FAMILY AS PER PENSION REGULATION
Regulation 66. – Family for the purpose of Regulations in this Section shall consist of the following:
(i) Wife in the case of male service personnel or husband in the case of female service personnel lawfully married before or after retirement.
(ii) A judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery.
(iii) Unmarried daughters/unmarried sons (including those legally adopted), widowed/divorced daughters.
(iv) Parents who were wholly dependent on the service personnel when he was alive. Notes: 1- Eligible son/daughter includes a posthumous child. 2- In case Service personnel get marries after release/retirement /discharge /invalidment the marriage should be registered with the Registrar of the Marriages or other competent authority under the relevant law. In case where such marriage is not registered for some valid reasons, an affidavit sworn before a Magistrate or legal heirship certificate can be furnished.
3. Widowed/divorced daughter including disabled widowed/divorced daughter need not come back to her parental home 4. Child/children born out of the vaid marriage shall be entitled to share ordinary family pension, if otherwise eligible, though their mother would not have been eligible for the same had she been alive at the time of death of her husband on account of marriage being null and void.
PERIOD FOR WHICH ORDINARY FAMILY PENSION PAYABLE
Regulation 67. The period for which ordinary family pension is payable shall be as follows: 36 Pension Regulations for the Army, Part -I (2008)
(i) In case of a widow or widower upto the date of death or marriage, whichever is earlier.
(ii) In the case of eligible unmarried son, till he attains the age of 25 years or upto the date of his marriage, whichever is earlier and subject to income criteria as given in Note-2 below: (iii) In the case of eligible daughter, till she attains the age of 25 years or upto the date of her marriage, which ever is earlier and subject to income criteria is given in Note-2 below : Provided that a unmarried daughter above the age of 25 years, a widowed/divorced daughter irrespective of her age and son or daughter who is suffering from any disorder or disability of mind including mentally retarded or physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, the family pension shall be payable to such son or daughter for life.
Notes: 1 Eligible son/daughter including widowed/divorced daughter shall furnish to his Pension Disbursing Authority a half yearly certificate in regard to marital status.
2. Eligible son/daughter including widowed/divorced daughter shall be paid ordinary family pension if his/her earning is not more than Rs 2550/- per month from all sources including pay and or pension. He will also submit annually a certificate to the effect that his earning is not more than Rs. 2550/- per month to his Pension Disbursing Authority.
ORDINARY FAMILY PENSION TO ONLY ONE MEMBER OF A FAMILY
Regulation 68. (a) Except as provided in Regulation 71 below, the ordinary family pension shall not be payable to more than one member of the family at the same time.
(b)The ordinary family pension shall first be payable to the surviving spouse and in his absence or in the event of his disqualification or death, to the eligible child in the order of birth irrespective of the sex of the child and the younger of them will not be eligible for family pension unless the elder above him becomes ineligible for the grant of ordinary family pension.
(c) Where the ordinary family pension is payable to twin children, it shall be paid to such children in equal shares. Provided that when one such child ceases to be eligible, his share shall revert to the other child and when both of them cease to be eligible, the ordinary family pension shall be payable to the next eligible single child/twin children.
(d) Ordinary family pension to unmarried daughter above 25 years of age, widowed/divorced daughter, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and there is no disabled child to receive the family pension”
Dual Family Pension Applicable to Reemployed Exservicemen
Family of Reemployed Exservicemen is authorised to get dual family pension – one is from defencce side and another is from Civil sides. Dual family pension has been implemented on the recommendation of Cabinet Secretariat Committee 2012. As per para 4 of MoD letter GOI MoD letter No. 1(5)/2010-D(Pen/policy) dated 17.1.2013 this provision shall be applicable to the Armed Forces Personnel who got discharged/retired/invalided out from service with effect from 24.9. 2012 or thereafter.