Two Family Pension for NOK of Defence Persons : Latest Rules

Armed forces personnel after retirement usually got re-employment to survive with Family. On passing away of the ESM, the NOK is entitled to get Dual family pension. According to Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner. Several modifications and clarifications have been issued by MoD in this regard. Lets have a look on the relevant orders and must share this vital information with your family members.

2. Prior to 17.01.2013, the NOKs of Armed Force Pensioner who got re­employed in Civil Department/PSUs/Autonomous bodies/Local Fund of Central/State Governments after getting retired from military service were authorized to draw Ordinary Family Pension (OFP) either from military side or from civil side whichever was beneficial to them in terms of Gol, MoD letter No. 10(6)/92/D(Pens/Sers) dated 28.09.1992 and regulation 78 of Pension Regulation Part-I, 2008. Subsequently, vide Gol, MoD letter No. 01(05)/2010-D(Pen/Policy) dated 17.01.2013, two family pensions were allowed w.e.f. 24.09.2012 in the event of death of a re-employed military pensioner.

3. It was further clarified that dual family pension is admissible irrespective of the fact whether the re-employment was in civil or military department vide Gol, MoD letter No. 10(17)/2012-D(Pen/Pol) dated 21.03.2013. Hence, the family pensioners of military personnel re-employed in military e.g. Territorial Army/Defence Security Corps (TA/DSC) are also covered in the ambit of the GoI, MoD letter No. 01(05)/2010- D(Pen/Policy) dated 17.01.2013 for grant of dual family pension w.e.f. 24.09.2012. However, the admissibility of dual family pension was restricted to ordinary family pension (OFP).

4. Department of Pension and Pensioners’ Welfare vide their OM No. 1/3/2016- P&PW(F) dated 24.01.2019 has clarified that the provisions of two family pensions, one in respect of military/civil service and the other for civil service after re­employment, as available in terms of CCS(Pension) Rules, is also applicable under CCS(EOP) Rules.

5. The matter regarding extending the admissibility of Special Family Pension (SFP)/Liberalised Family Pension (LFP) in cases of death attributable to military service in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 in the case of dual family pension has been examined. It has been decided that Department of Pension and Pensioners’ Welfare OM No. 1/3/2016-P&PW(F) dated 24.01.2019 would apply mutatis-mutandis to military/civil pensioners re-employed in military service and it is clarified that the provision of two family pensions, one in respect of military/civil service and Special Family Pension (SFP)/Liberalised Family Pension (LFP) for re-employed military service is also applicable. Special Family Pension (SFP)/Liberalised Family Pension (LFP) if any, would be admissible in terms of Gol, MoD letter No. 1(2)/97/D(Pen-C) dated 31.01.2001 on death of a pensioner who was re-employed in military service and if his death is attributable to military service, in addition to Ordinary Family Pension in respect of the previous military/civil service.

6. Where, however, on death of the re-employed ex-serviceman if the family is eligible for Special Family Pension (SFP)/Liberalised Family Pension (LFP) for first service, family pension for second spell of service would be Ordinary Family Pension.

7. Special Family Pension (SFP)/Liberalised Family Pension (LFP) shall be granted only in respect of one service and in no case, Special Family Pension (SFP)/Liberalised Family Pension (LFP) will be granted for both the services.

8. The financial benefits in the past cases will accrue with effect from 24.09.2012.

9. Pension Regulation of the three Services shall be amended in due course.

10. This issues with the concurrence of the Finance Division of this Ministry vide their ID No. 10(02)/2017/FIN/PEN dated 21.06.2019.

11. Hindi version will follow. Yours faithfully,

(A K Agrawal)
Deputy Secretary to the Govt. of India
Copy to :
As per standard list
MoD(Fin/Pen)
CGDA

Sir,

The under signed is directed to refer to the provisions contained in Army Instructions 51/1980 read with provisions contained in this Ministry’s letter No 10(6)/92/D(Pen/Sers) dated 28.9.1992 and Regulation 78 of Pension Regulations for the Army Part-I (2008) according to which the NOK of Armed Forces pensioners,who got re-employed in Civil Departments/PSUs/Autonomous bodies/Local Funds of Central/State Governments after getting retired from military service with pension, are authorized to draw Ordinary Family pension either from military side or from civil side in terms of provisions contained in this Ministry’s above said letter dated 28.9.1992 and Rule 54 (13-A) & Rule 54 (13-B) of CCS (Pension) Rule 1972.

2. In order to consider various issues on pension of Armed Forces personnel and Ex-Servicemen, the Government had constituted a Committee of Secretaries headed by Cabinet Secretary. The Committee in its Report has recommended that NOK of a pensioner who gets second employment in the Government after discharge from military service would be entitled to draw two Family Pensions.

3.The above recommendation of the Committee has been accepted by the Government and the President is pleased to decide that the families of Armed Forces pensionerswho got re-employed in Civil Departments/PSUs/Autonomous bodies/Local Funds of Central/State Governments after getting retired from military service and were in receipt of military pension till death, shall be allowed to draw Family pension from military side in addition to the family pension, if any, authorized from the re­employed civil department subject to fulfillment of other prescribed conditions as hithertof ore.

4. The provisions of this letter shall be applicable to the Armed Forces personnel who got discharged/ retired/invalided out from service with effect from 24^th September 2012 or thereafter. Benefit of these provisions shall also be allowed in past cases however the financial benefit shall be granted from 24^th September 2012 only.

5. Pension Regulations of the three Services shall be amended in due course.

6. This issues with the concurrence of Finance Division of this Ministry vide their I D No. PC 1/10(12)/2012/FIN/PEN dated 10.01.2013.

7. Hindi version will follow.

Your faithfully
( Malathi Narayanan)
Under Secretary to the Government of India

Copy to:
As per standard distribution list.
PDF Copy of this letter can be downloaded from here-

Your faithfully
( Malathi Narayanan)
Under Secretary to the Government of India

Copy to:
As per standard distribution list.

PDF Copy of this letter can be downloaded from here- https://www.desw.gov.in/sites/default/files/2013.01.17-Pen-Policy.pdf