Pensionary Benefits for LMC JCOs OR under New Rules ER & GMO 2023

Definition of invalided out of service in ER and GMO 2008

Invalided out of service –  Only those personnel who are boarded out of service on medical ground before completing their terms of engagement are treated as invalided from service

Deemed To be Invalided out of Service –  PBORs and equivalent who are permanently placed in a medical category other than SHAPE-1 and are discharged because (i) no alternative employment could be provided to them suitable to their medical category or (ii) are discharged before completing their terms of engagement after providing suitable alternative employment or (iii) Unwilling to accept sheltered appointment and thereby discharged from service are ‘Deemed to have been Invalided’ from service.

Definition of  invalided out of service in ER and GMO 2023

Invalided out of service –  Only those personnel who are boarded out of service on medical ground before completing their terms of engagement are treated as invalided from service

Definition of Deemed to have been invalided from Service as per New ER and GMO 2023

PBORs and equivalent who are permanently placed in a medical category other than SHAPE-1 and are discharged because (i) no alternative employment could be provided to them suitable to their medical category or (ii) discharged before completing their terms of engagement after providing suitable alternative employment are ‘Deemed to have been Invalided’ from service.

Does Deemed to have been invalided from Service’ apply to Officers?

No. Deemed to have been invalided from Service only applies to PBOR. 

Who is Eligible to get Disability Pension ?

Disability pension is applicable to the personnel who are invalided out of service/ deemed to be invalided out of service and Disability is attributable/aggravated by military service. Those retiring after completion of full / coloured service ( Terms of engagement) are not entitled to get disability pension and they will get the Impairment relief. Similarly all PMR/Discharge at own request cases are also not entitled to get disability pension as per GMO & ER 2023.

Who is Eligible to get Impairment Relief 

Impairment relief is a substitute for the disability element. What is the disability element ? Disability pension has two elements – one is service element and another is disability element and both are applicable to invalid out cases only as per GMO & ER 2023. DR (DA) is applicable on both the elements of disability pension but it is not confirmed whether DR will be applicable on Impairment relief or not. As per the FAQ published in the official website, Impairment Relief is same as Disability Element.  

On the other hand Impairment relief is not a pension but relief and is applicable to those Retired soldiers/officers who are retiring with LMC on completion of terms of engagement/ discharged at their own request and disability is attributable/aggravated by military service with minimum 20% disablement. Rate of Impairment relief is same as disability element i.e 30% of Reckonable Emoluments (basic pay + MSP + Class pay etc).  Broadbanding of disability assessed by RMB is allowed on impairment relief also. 

Serving soldiers may opt to get capitalized value of impairment relief  as soon as placed in permanent LMC which is attributable to or aggravated by military service and minimum disability assessed as 20%.  In such a case you will get a lump sum amount on account of disability compensation for the same MF (multiplication factor)  as applicable in commutation of pension which is varied upon your present age.  Once opted and received CVIR, you will not get any other compensation or pension for your disability.

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