Eligible Criteria for award of Spaecial Family Pension
Govt employees including Armed Forces personnel are entitled to get service pension / disability pension on their retirement and invalidment. After their passing away, the eligible Family members are entitled to get Family Pension. In this article, we will know the basic rules of Special Family Pension.
In case of death of a Commissioned Officer and Personnel below officer rank including SSC Officers/EC Officers, under circumstances mentioned in category ‘B’ or ’C’ of Para 4 of Government of India Min of Def. letter No. 1(2)97/D(Pen-C) dated 31.01.2001. Special family pension will be admissible to the widow of a Commissioned Officer @ 60% of the reckonable emoluments subject to minimum of Rs. 7000/= PM for post 2006 (which was Rs. 2550/= PM for pre 2006 cases under 5th CPC) and cases irrespective of whether widow has children or not.
NOTE: 1. Widowed/divorced daughters shall also be included in the Definition of family for the purpose of Special family pension.
NOTE: 2 In case the eligible child is physically or mentally handicapped and unable to earn a livelihood, the Special family pension would be admissible for life to such child subject to same condition as in force hitherto-fore.
Conditions to Grant Special family Pension
- DEPENDENT PENSION:
2.1 Dependent pension in respect of Officers (including MNS Officers ,TA Officers and EC Officers/SSC Officers shall be admissible to the parents/eligible brothers and sisters(in the absence of parents) of the deceased Officer at the rate equal to the 50% of the notional special family pension that would have been admissible if they were largely dependent on the deceased Officer for support and are in pecuniary need. - SPECIAL FAMILY PENSION ON REMARRIAGE OF WIDOW:
(A) OFFICER
Special Family Pension on re-marriage of widow shall be regulated as under:-
(i) If she has children
(a) If she continues to support children after re-marriage
Full Special family pension continues to widow.
(b) If she does not support children after re-marriage
Ordinary family pension equal to 30% of emoluments last drawn to the remarried widow.
50% of Special Family Pension to the eligible children.
(ii) If widow has no child
Full special family pension to continue to widow.
Special Family Pension on remarriage of widow shall be regulated as under
(B) PERSONNEL BELOW OFFICER RANK (PBOR
(I) Where S.F.P. is sanctioned to widow
(i) If she has child(ren) :-
(aa) If she continues to support children after remarriage – Full Special Family Pension to continue to widow
(bb) If she does not support children after re-marriage – Ordinary Family Pension equals to 30% of emoluments last drawn to the re-married widow. 50% of the Special Family Pension to the eligible children.
(ii) If widow has no children – Full Special Family Pension continue to re-married widow.
(II) Where first life award is sanctioned to parents :
(aa) If widow continue to support child(ren) after remarriage or has no
issue. – 50% of Special Family Pension to parents and 50% of Special Family Pension to widow.
(ab) If widow does not support children after re-marriage but child(ren) are supported by the parents.
Full Special Pension to parents and Ordinary Family Pension to widow.
(ac) If child(ren) are not supported either by widow or the parents – 50% of Special Family Pension to parents, 50% of Special Family Pension to eligible children and Ordinary Family Pension to widow.
(ad) On death or disqualification of parents and the widow supports the child(ren) or has no issues. – Full Special Family Pension to widow
(ae) On death or disqualification of parents and the widow does not support children – Full Special Pension to eligible child(ren) and Ordinary family pension to widow
SPECIAL/LIBERALISED FAMILY PENSIONARY AWARDS WHEN DEATH OCCURRED IN SERVICE
Regulation 42 of Pension Regulation for the Army Part-I ( Special family Pension for Death in Service Cases)
(a)The Unit concerned shall publish the casualty, complete the Court of Inquiry proceedings, wherever required and Military Hospital shall send death certificate (AFMSF-93 Part I), attributability certificate (AFMSF-93 Part II) and other medical documents to the Record Office concerned.
(b) The Record Office shall-
(i) inform the nominated heir or the senior most eligible heir as the case may be and also forward application form for family pension in triplicate as per Appendix VIII for completion and return, (ii) on receipt of the death certificate authorise the Pending Enquiry Award of ordinary family pension, if admissible, without waiting for the decision
about attributability of death to military service, (iii) forward application form for grant of family pension completed by nominated heir or senior most eligible heir as at (i) above and Pay Accounts Office concerned in duplicate duly countersigned along with the under mentioned documents to the Principal Controller of Defence
Accounts (Pensions).
(I) The nomination made by the deceased for death gratuity.
(II) In case of death due to injury/accident-
(1) Injury report (IAFZ-2006), if any,
(2) Finding of the Court of Inquiry, if any, with the opinion of the competent authority
(3) Death Certificate (AFMSF 93 Part I), if any,
(4) Certificate of attributability in case of death due to injury as per Annexure II to Appendix VI to these Regulations.
(III) In case of death due to disease-
(1) AFMSF-81
(2) Death Certificate (AFMSF 93 Part I) ), if any,
(IV) In case of death in battle accident/ battle casualty
(1) Casualty report,
(2) DO Pt II order.
(V) Statement of the case for grant of ex-gratia lump-sum compensation in case death of the individual took place in the circumstances stated in Regulation 147 of Pension Regulations for the Army, Part- I (2008).
(c) The Principal Controller of Defence Accounts (Pensions), on receipt of the claim from the Record Office shall take the following action: –
(i) On receipt of the claim from the Record Office authorise payment of family pension as per entitlement in Pension Payment Order. Adjust the Pending Enquiry Award of the ordinary family pension already sanctioned by the
Record Office.
(ii) Authorise death gratuity after adjusting outstanding dues, if any, and also withhold 10 percent of the death gratuity or Rs. 1,000/- whichever is less, from the death gratuity for adjustment, if any, unassessed dues reported subsequently. Authorise payment of the balance amount, but release automatically the withheld amount of death gratuity after the expiry of six months from the date of death in case any demand is not received by then. The amount of Pending Enquiry Award already paid or to be paid shall be adjusted against the final award.
(iii)Adjust the amount of death gratuity withheld under sub clause (i) above, against the outstanding dues, if any, on receipt of demand, if any, and authorise ex-gratia lump-sum compensation simultaneously in the Pension
Payment Order, where payable SPECIAL FAMILY PENSIONARY AWARDS WHEN DEATH OCCURRED
GRANT OF SPECIALLY PENSIN WHEN DEATH OCCURED AFTER DISCHARGE/ INVALIDMENT
(a) In case of death of Personnel Below Officer Rank after discharge/invalidment from service, the next of kin shall send an intimation of death along with a copy of the following documents to the concerned Record office: –
(i) Death certificate issued by the competent registering authority, (ii) A death certificate in the prescribed form as at Annexure-I to Appendix IX to these Regulations, if the deceased was treated by Registered Medical
Practitioner.
Or
His statement duly verified by two reliable disinterested witnesses in the prescribed form as at Annexure-II to Appendix IX to these Regulations, if the deceased was not treated by a Registered Medical Practitioner.
Or
Death certificate (AFMSF-93 Part I) in case of death in Military Hospital.
(iii) Claim form for family pension, duly completed together with
(1) Certificate that the diseased individual was not re-employed after release/retirement/invalidment as per Annexure-I to Appendix-X to these Regulations.
(2) Certificate obtained from the Pension Disbursing Authority of the deceased individual to the effect that arrears of pension in respect of the deceased has been paid indicating the date upto & for which paid and the name of the recipient as per Annexure II to Appendix X to these Regulations.
(b) The Record Office shall Pension Regulations for the Army, Part II (2008) (i) in case ordinary family pension has not already been notified in the Pension Payment Order, in respect of deceased ex-service man, forward blank application to claim family pension in triplicate as per Appendix VIII to these Regulations, to the claimant for completion and return,
and
(ii) on receipt of the completed claim for family pension (I) authorise Pending Enquiry Award of ordinary family pension, if ordinary family pension was not jointly notified along with pension of the deceased pensioner , and (II) forward to the Principal Controller of Defence Accounts (Pensions), family pension claim in duplicate duly countersigned. together with the under mentioned documents for grant of family pension.
(1) Death certificate indicating cause of death
(2) Post Mortem Report/Police Investigation report, where applicable
(3) Sheet Roll
(4) Sanction accorded by Officer in Charge Records concerned for grant of special family pension as per Annexure VI to Appendix VI to these Regulations.
(c) The Principal Controller of Defence Accounts (Pensions) shall, if the death has been accepted as neither attributable to nor aggravated by service factors, shall authorise ordinary family pension in Pension Payment Order. In cases where the death has been accepted as either attributable to or aggravated by service factors, he shall take action as under for the grant of special family pension: –
(i) If the eligible heir is other than the widow, the Principal Controller of Defence Accounts (Pensions) shall cancel the award of the ordinary family pension if jointly notified ab initio or the Pending Enquiry Award authorised by the Record office as per clause (c) (ii) above, and issue a fresh Pension Payment Order for special family pension in favour of the eligible heir payable from the due date. The amount of ordinary family pension or Pending Enquiry Award and dearness relief already paid to the widow on the authority of the joint pension payment order or the Pending Enquiry Award shall be shown as recovery in the pension payment order sanctioning the special family pension.
(ii) If the nominated heir is the widow, the Principal Controller of Defence Accounts (Pensions) shall authorise the special family pension in the corrigendum pension payment order.
